Last Updated on 29/10/2025 by Damin Murdock
Defective construction works can cause significant stress and financial loss to homeowners. Whether it’s structural issues, substandard materials, or unfinished work, pursuing a legal claim for damages is a common recourse. But a crucial question arises: Can a homeowner successfully claim damages without expert evidence?
While it IS legally possible to proceed without an expert report, doing so significantly weakens a case. Courts and tribunals across Australia, especially in building disputes, expect expert evidence to prove both the existence of defects and the costs of rectifying them.
The Legal Right to Claim Compensation
Under Australian law, individuals have a right to claim damages for defective or non-compliant building work, but the claimant bears the onus of proof of the alleged defective or incomplete works. This means the person making the claim must prove both the existence of the defect and the financial loss caused by it.
Why Expert Evidence Matters – Key Functions of Expert Reports
In building cases, expert reports serve two critical roles:
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- They identify the defects after an expert (usually a building consultant, engineer, or architect) inspects the property and documents the nature and scope of the defects;
- They quantify the rectification costs.
Is It Possible to Claim Without an Expert?
Yes, but with challenges. While you are not strictly required to obtain expert evidence, proceeding without it is risky as it will be difficult to establish that a defect is actually a defect, and how much the rectification costs will be. In practice, most tribunals and courts expect expert evidence in construction disputes and failing to provide it could lead to dismissal of the claim or a significantly reduced award.
Proving Economic Loss
Construction defect claims typically involve economic loss, financial damage suffered due to poor workmanship. This might include:
- The cost of engaging another builder to fix the work;
- Loss in property value; and
- Delays resulting in lost rent or other expenses.
The courts recognise that such losses are valid, especially when the defect becomes apparent or could have been reasonably discovered. That moment usually marks the start of the limitation period for making a claim, as noted in multiple case precedents.
What Evidence is Required?
Even if you choose not to use expert reports, your claim must still be supported by:
- Clear documentation of the defects.
- Proof of financial loss (e.g. quotes or invoices for repairs).
- Evidence connecting the builder’s work to the defects.
Alternative forms of evidence may include:
- Reports from the Building Commission or other regulators, however, this still may not be sufficient evidence as any third party evidence normally is permitted to be tested in court, meaning those persons given quotes or opinions may be called as a witness in the case for cross-examination.
- Photographs or videos of defective work.
- Detailed contractor quotes.
- Communications with the builder acknowledging the issues.
However, these forms of evidence generally carry less weight than an independent expert report and may not be sufficient in complex or disputed matters.
Key Considerations for Claimants
The responsibility lies with the claimant to prove their loss. Without sufficient evidence, the tribunal may dismiss the claim. Most building defects require specialist interpretation, making it hard to prove technical issues without expert help.
While expert reports involve an upfront cost, they often increase the chance of success and maximise compensation.
It is legally possible to claim damages for defective building work without expert evidence, but doing so is not advisable in most cases. Expert reports significantly strengthen your case, providing critical insights into the nature of the defects and the cost of fixing them. If you’re facing a building dispute or considering legal action, contact our team for tailored advice and expert guidance.
Feel free to contact Damin Murdock at Leo Lawyers via our website, on (02) 8201 0051 or at office@leolawyers.com.au. Further, if you liked this article, please subscribe to our newsletter via our Website, and subscribe to our YouTube , LinkedIn, Facebook and Instagram. If you liked this article or video, please also give us a favourable Google Review.
DISCLAIMER: This is not legal advice and is general information only. You should not rely upon the information contained in this article and if you require specific legal advice, please contact us.
Damin Murdock (J.D | LL.M | BACS - Finance) is a seasoned commercial lawyer with over 17 years of experience, recognised as a trusted legal advisor and courtroom advocate who has built a formidable reputation for delivering strategic legal solutions across corporate, commercial, construction, and technology law. He has held senior leadership positions, including director of a national Australian law firm, principal lawyer of MurdockCheng Legal Practice, and Chief Legal Officer of Lawpath, Australia's largest legal technology platform. Throughout his career, Damin has personally advised more than 2,000 startups and SMEs, earning over 300 five-star reviews from satisfied clients who value his clear communication, commercial pragmatism, and in-depth legal knowledge. As an established legal thought leader, he has hosted over 100 webinars and legal videos that have attracted tens of thousands of views, reinforcing his trusted authority in both legal and business communities."
