In construction projects, the stakes are often high

There can be delays, cost disputes, defects, injuries and accidents, questions about compliance etc. If and when a construction project doesn't go to plan, both parties often turn to a construction expert witness, something we will look at closely in this latest blog post from Veritas Surveying Ltd.

A definition of Expert Witness

It's always good practice to actually offer a definition. A construction expert witness has understandings, insights and experience in the field. Via a series of reports, they submit information in a court to resolve any issues and conflicts. In construction, an expert witness needs intimate knowledge of the industry, as well as close understanding of legalese. They can create testimonies to support your construction dispute.

A fact witness is called upon only to verify facts relevant to the case. Expert witnesses, on the other hand, maybe asked to tell the court what their expertise leads them to believe in the case at hand.

The Expert Witness and Tribunals

Your appointed expert witness should be experienced in these 5 areas and more:

1. Litigation
2. Arbitration
3. Adjudication
4. Mediation
5. Expert determination

Moreover, they should be experts in:

• Schedule of Works
• Cost Overruns
• Inaccurate Initial Quotations
• Building Material Specifications
• Buildings not aligning with the specification
• Construction defects

“Scheduling is the biggest thing you can do to keep employees happy.”

Think of scheduling in terms of personnel and materials. If enough employees aren't engaged to complete a project, delays and disputes can occur. If, as during Covid, materials are difficult to acquire, disputes can occur. Also called a Bill of Quantities, a Schedules of Work can be used for a variety of different construction types, but there are commonly two main types: new work and maintenance work.

“You tell them - you tell them there's a cost.....Every decision we make in life, there's always a cost.” Brad Meltzer

Tied in with schedules of works is cost overruns. It remains one of the biggest areas of construction disputes and one where Expert Witnesses are crucial.

Cost disputes are often caused by:

• Inaccurate Project Estimates
• Serious Project Design Errors
• Not Planning for Change Orders
• Administration Errors
• Poor Site Management
• Not Hiring the Right Team

Inaccurate Estimates

If a construction project ends up costing more than you were originally expecting, it is likely that you will at least make less profit, or in some cases you may even lose money over a project. 

An expert witness will know about inaccurate estimates.

To avoid disputes, you should aim to:

• Be as detailed as possible 
• Clarify project risks
• Understand product and materials price fluctuations - particularly true as inflation is so high at the moment
• Compare and contrast Subcontractor quotes 
• Use estimating software 

“Having the data is not the same as having the expertise to look through the data - if it were, everybody with a smartphone would be a doctor or a scientist.” Abhijit Naskar

How Veritas Surveying can help

We pride ourselves on providing a high quality, flexible and efficient service and an ability to give sound advice and direct solutions which is demonstrated by the frequency of repeat business secured with our existing client base which includes construction solicitors Manchester, Main Contractors, Specialist subcontractors and Employers.

Want to know more? Contact us today.