Expert Witness
The term expert witness may well be self-explanatory, but a simple Google search creates many definitions and we think, at Veritas Surveying, that it’s worth narrowing down or pinpointing, perhaps.
ABOUT
Veritas Surveying have completed a variety of Expert Witness Reports for a number of tribunals.
Recent commissions include:
- An opinion on a claim for £1.5m in the TCC following the escape of water.
- A single joint expert appointment in the Birmingham TCC (County Court) to value works and defects at a domestic property. RICS DRS appointment.
- An opinion on the value associated with the remedial works following issues with two basements in the TCC. Claim value £600k.
Experts can usually be categorised in four main areas:
- Technical or scientific experts
- Legal experts
- Delay experts
- Valuation or quantum experts
Richard Barnes, founder of Veritas Surveying, is a very experienced expert witness, producing work of excellent quality.
What is an expert witness?
An expert witness in construction is a qualified professional who provides detailed and independent evidence to a construction dispute. This deep, technical knowledge provides professional opinions that can be used in negotiations, dispute resolutions or during legal proceedings in a court of law or tribunal.
Negotiate and retained
The expert witness helps both parties to negotiate a settlement by providing expert opinion on the dispute. These disputes, or claims, can arise due to incomplete, non-compliant or defective construction work.
A construction expert witness is often “retained” by a lawyer representing a party to the dispute. They will usually provide a detailed and qualified report stating their opinions on response to the issues.
Complex cases
Construction disputes can be incredibly complex. When there are complicated arguments on both sides, tribunals often look to independent expert witnesses to provide an opinion on the facts of the case.
If a dispute arises on your project, you may find you need to work with an expert. Whether acting as an expert advisor, party or tribunal appointed, or single joint expert, understanding how experts work can help you get the very best from them.
The role of the expert is clearly defined.
How Can a Construction Expert Witness Help Me?
If a case has been brought to court, using a construction expert witness, like Richard, should lead to a fair resolution. He is used to presenting diverse cases in a court setting, and is able to make others understand what has been undertaken and if there are any legal factors. As a leading construction expert witness, Richard will always offer professional, independent advice. That conversation, those conversations, will leave you with a thorough understanding of the problems that have taken place.
In appointing a construction expert witness at the outset of any dispute, you will be made fully aware of any issues that there are. This will allow you to know the strengths and weaknesses of any claim, which can have several benefits – it could even lead to a settlement earlier on, saving all involved parties additional hassle, wasted time and money.
Questions that can arise?
How can experts remain impartial and avoid conflicts of interest?
How do experts approach preparing an analysis?
Can good record keeping assist in resolving disputes?
What should you look for when appointing an expert?
What benefits do experts bring to tribunals?
