Experts and experience matter

You and I know that unless you have experience, knowledge, training or expertise in an area, you are unlikely to do a great job. We need a shower cubicle tiling, we call in a tiler; our car servicing, a garage is contacted; new windows, a glazer is contacted. You get the idea. Now you might be able to assemble a flat pack piece of furniture but companies supplying these know many can't. It's why so many offer an assembly service for £25 upwards.

Experts are easy to find in certain fields but someone with expertise in many fields is more elusive. Perhaps why "Jack of all trades, master of none", an old idiom, is still used today.

Construction and expert witnesses is no £99 flatpack - there are often huge sums of money involved, complex timelines and detailed contracts with legalities enshrined in them. When things progress smoothly, disputes rarely occur, but life and business has a funny way of not creating smooth ripples, but sometimes large waves of disagreements and disputes. We see this repeatedly at Veritas Surveying, hence this blog post about expert witness in construction with its promised 5 points.

So here goes.

1. What is a construction expert witness?

It's always good to start with a definition and we won't buck the trend. You probably already know so feel free to move your eyes to point 2. If you're not sure, here's a short definition: a construction expert witness is someone with an intimate understanding of a construction area and can be used to provide an opinion and should a case end in court, support you with a written report (CPR Part 35 in the England and Wales) and sometimes an oral testimony.

2. What can a construction expert witness help with?

Many things, including: statutory compliance, litigation, disputes, adjudication, arbitration, mediation and public enquiries. RICS is more comprehensive in its scope: "Expert evidence can be required in disputes across land, property and construction. RICS expert witnesses are able to assist the court on the matters within their expertise across areas including building surveying, commercial property, compulsory purchase, dilapidations, planning, development, retail and valuation."

3. An eye for granular detail. 

Often, in any field, personal or business, an expert can stand out for their attention to detail. A construction expert witness is no different. They can often see early on in a process the areas where issues may occur. By spotting this and alerting clients early, that eye for granular detail can often prevent lengthy delays that cost both parties money. They reduce time, risk and cost.

4. Provide cost-effective mediation.

Whilst not strictly related to an expert appointment, many Expert Witnesses are also able to offer services as a Mediator. Mediation between parties is inevitably faster and more affordable than court litigation. It is a non-confrontational and confidential process that can often repair relationships and issues "without prejudice". The main objective of mediation is to create a resolution that both sides can live within for the majority of instances.

5. Clean and dirty expert witnesses.

This is a term that is developed in Australia and worth considering. Put simply, the ‘clean’ expert witness will formally testify in litigation or arbitration, and the ‘dirty’ expert will support the dispute proceedings from an early stage, although in the UK this is fairly common and an accepted method, many parties including insurers receive Advisory Reports in advance of formal litigation proceedings to enable them to obtain impartial advice before taking matters further. 

I noted that M and S is involved in a move to demolish a flagship store on Oxford Street, London and has seen two sides emerge, perhaps it could have taken some expert advice. You can though read this article here.

We do hope that this blog post has given you food for thought and if you need further advice, do contact us today.