Expert Witness Reports

CARAS is an advisory & project management business, committed to delivering better environments for our clients and the communities around them.

CARAS provide expert witness reports, related to the cost and constructability of contaminated land remediation and civil earthworks projects. We have provided advice on matters before the NSW Supreme Court, the Victorian Supreme Court, the Queensland Supreme Court and the County Court of Victoria.

Commercial disputes are common on remediation and earthworks projects. Although environmental and geotechnical investigations are completed prior to commencing, there is a high risk of encountering unexpected contamination, that was not picked up during the investigations, or that the extent of contamination identified in the investigations significantly increases. The valuation of time and cost associated with the management, treatment and disposing of contaminated soil and groundwater is often at the very heart of a dispute. If these costs have not been accounted for in the project budget or if the risk allocation has not been clearly outlined in a transaction or construction contract, then an independent assessment of the time and cost by CARAS will assist in negotiation of a fair resolution the dispute.  

Disputes can be complex and costly and can have a major impact on relationships and reputations. We believe preventing disputes is efficient than resolving disputes. Engaging CARAS to ensure that time and cost risks associated with contamination land remediation are documented and understood prior to completion of a transaction or execution of a construction contract is our preferred approach. Where claims and disputes are not able to be resolved, CARAS can provide litigation support and expert witness reports to assist with pursuing claims through the court system.

CARAS’ experts provide their opinions based solely on their expertise and the evidence presented, and do not act as advocates for any party or present evidence that is misleading or unreliable. They are experienced in working co-operatively with other expert witnesses and providing accurate, reliable, and impartial expert witness reports.
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In accordance with the expert witness code of conduct, CARAS’ experts are required to act impartially and independently, to provide evidence that is accurate, objective, and within their area of our expertise, and to avoid any actions or statements that could be perceived as bias or partiality. The code also requires CARAS’ experts to disclose any conflicts of interest or prior involvement in the dispute, and to maintain confidentiality of information disclosed to them.
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CARAS’ experts are supported by a unique mix of experienced cost, construction, scientific, and engineering professionals who understand the legal and contractual frameworks required to assist with the preparation of expert witness reports.

We have been trusted to provide expert witness reports on litigation worth over $500 million worth related to contaminated property transactions, contaminated land remediation projects and civil earthworks projects.