The other side's expert says your work failed

Start with the brief, not the conclusion

A report that says your work failed can feel like the argument is over. It is not. Before you react, read the instructions behind the report. What was the expert asked to inspect, what documents were supplied, and what issue were they meant to answer? A report built on the wrong question can overreach. ([fedcourt.gov.au](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-expt))

Federal Court guidance says an expert report should state the questions asked, the factual premises used, and the documents or materials considered. Victorian rules also expect the report to set out assumptions, material facts, reasons, and any tests or investigations relied on. If those pieces are thin or missing, you have a clear place to push back. ([fedcourt.gov.au](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-expt))

Check whether they actually inspected the work

Next, test the inspection itself. Was the expert on site, or did they work from photos, notes, and second-hand descriptions? Did they inspect the relevant area at the right stage, or only after others had altered it? If the answer is fuzzy, the report may be describing a later condition rather than the work you actually delivered. ([fedcourt.gov.au](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-expt))

That matters because expert opinions must be tied to reliable examinations, tests, or other investigations. A report should identify what was checked and who carried it out. If the expert never saw the defect in context, ask for the basis of the conclusion and whether any missing step weakens the opinion. ([fedcourt.gov.au](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-expt))

Source: Official guidance

Get your own independent expert

Do not argue the report alone if the issue is technical. Engage your own independent expert who is prepared to review the same materials and, if needed, inspect the site. Their job is not to cheer for you. It is to test the assumptions, identify alternative causes, and separate proven defects from opinion. ([fedcourt.gov.au](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-expt))

The court guidance is clear that an expert is not an advocate and owes a paramount duty to assist the court impartially. That is useful for you too. A credible counter-report can narrow the dispute, expose weak assumptions, and help you decide whether the fight is about workmanship, design, sequencing, or something else. ([fedcourt.gov.au](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-expt))

Answer each finding one by one

When you respond, do not send a broad denial. Go through the report issue by issue. For each finding, say what you accept, what you dispute, and what record supports your position. Match every criticism with a drawing, photo, variation, diary note, delivery docket, test result, or email if you have it. ([fedcourt.gov.au](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-expt))

If the expert relied on an assumption you do not accept, say so plainly. If a defect was caused by another trade, late access, design changes, or later damage, identify the timing and the evidence. Specific answers are harder to dismiss than general objections, and they keep the discussion anchored to facts. ([fedcourt.gov.au](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-expt))

Prepare for the next move

Once you have your file together, decide whether the report should be challenged in writing, tested in expert conferencing, or answered in mediation. If the dispute is already heading to court, the rules allow expert conferencing and joint reports in appropriate cases, so keep your materials organised and ready for that process. ([fedcourt.gov.au](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-expt))

A short, evidence-based response now is usually better than a long emotional one later. Gather the instructions, site records, photos, contract documents, and your own expert's view, then respond before the other side turns the report into the only story in the room. CRP coordinates independent qualified professionals and can help you plan the next step today. This is general information only, not legal advice. ([fedcourt.gov.au](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-expt))