Experts in construction disputes

It is common for parties to rely on the assistance of experts in construction disputes because of the very technical, specialist or complex issues that these disputes often involve. A client will often need an expert to work out what has gone wrong and who may be liable, so they may be engaged fairly early in a dispute. In addition, expert reports and evidence are often invaluable in assisting an adjudicator, court, arbitral tribunal or other decision maker to properly understand the fundamental issues in dispute and the merits of a party’s position.

Expert evidence may be needed in cases involving or requiring:

1. •

   determination of the cause of a defect and/or liability for it— ie what did the contract require, did the item of work meet the relevant provision or standard, is the defect a design or workmanship issue

2. •

   proposal or analysis of an appropriate remedial solution for a defect and/or the cost of it

3. •

   programming evidence eg to determine the cause and/or culpable length of a delay to the contractual date for completion of the works

4. •

   project management expertise eg where independent