Acting as Expert Witness, Prendos Director and Building Surveyor Rory Crosbie recently helped to secure a significant High Court victory in favour of his clients.
In 2021 the clients, two Christchurch homeowners, hired a builder to replace the cladding, windows and parts of the roof of their home. The work was quoted and scheduled over two months, but a series of errors occurred over the following 18 months, leaving the homeowners with damage including leaking windows and incorrectly installed weatherboards that would cost hundreds of thousands of dollars to correct.
Knowing they needed expert evidence to support their legal case against the builder, the couple engaged Prendos to act as their Expert Witness. With immense experience in this role, Rory Crosbie carried out forensic investigation into the building defects and was able to provide sufficient evidence to the court for them to make a judgement in the couple’s favour.
While there were numerous failings, the key factor that resulted in damage to the couple’s home was the incorrect way in which the weatherboards had been installed. Rory presented evidence that the manufacturer’s installation instructions had not been followed, with the cladding installed directly to the superstructure of the building, rather than over a cavity, voiding its warranty.
Rory also gave evidence that the work carried out by the builder was unlikely to be compliant with the Building Code, because the existing weatherboards had been removed and replaced in their entirety without a consent. As a result, the weatherboards would have to be completely removed and replaced with new weatherboards to achieve compliance.
As a result of the independent evidence provided by Prendos, the court held the builder personally liable for all the negligent work and ordered him to pay our clients the sum of $400,852 to rectify the damage to their property, plus damages of $30,000 in compensation for the stress and anxiety caused.
Rory Crosbie’s expert evidence was invaluable in convincing the judge of the builder’s negligence, and in putting a figure on the value of the damage and compensation due to the plaintiffs.
Read The New Zealand herald article on the case here.
Find out more about our Expert Witness services, or contact us to speak with one of our multi-disciplinary experts who can assist with your case.