The
specific and highly technical nature of lots of construction disputes means it
is common to find experts involved in both parties. A recent study highlighted
the absolute necessity of experts being able to justify their own position.
Whilst many of you reading this article may think its an obvious point, this
might not necessarily be the case.
So,
with this in mind, here in this guide we outline to you the key things you need
to know about using the services of construction expert witness.
An Expert Witness
A
construction expert has a vast understanding and extensive expertise in the
construction industry. This will include all aspects of construction accidents
and construction injury. Their testimony will be a supporting factor in order
to inform the trier of fact on issues related to construction law such as
building delays, codes and compliance, construction costs, and construction
defects.
In
such scenarios, experts explore factors such as the building process,
construction contracts, financing, bonds and insurance, construction
management, mechanic’s liens, land use and zoning, licensing, regulatory
compliance, and government permits.
The
building process will involve lots of factors which include bidding on a real
estate development project and negotiating a contract, to get building permits
and disputing title claims. Construction experts explain industry standards and
terms to the trier of fact.
What is a Construction Expert Witness?
Prior
to you hiring a construction expert witness, understanding what their job is
and what they can do for you is really helpful. A construction expert witness
is someone who has greater understanding in a certain field than others and can
put this information forward in a court to solve any issues between various
parties.
In
the area of construction, this indicates that the expert witness will have a
thorough knowledge of the construction industry, as well as with the
legalities. They can put forward a testimony, should the court be needed, and
help with the case. When it comes to hiring a construction expert witness, it
can be worth finding someone who specialises within your field to get the most
out of the experience.
How Can a Construction Expert Witness Help Me?
If
a case has been brought to court, using a construction expert witness will help
them reach a fair outcome. They will present the case to a court, helping them
to completely understand what has been undertaken and if there are any legal
factors. A good construction expert witness will also initially give you some
just and independent advice. You may be told what the issues are and this
should leave you with a thorough understanding of the problems that have taken
place.
In
hiring a construction expert witness earlier on, rather than towards the latter
end of the case, you will be made fully aware of any issues that there are.
This will save you going into the case totally blind, which can have several
benefits – it could even lead to a settlement earlier on, saving all parties
added hassle.
What Will a Construction Expert Witness Do?
The expert will be ascertaining the facts of
the dispute, objectively and impartially and then to report those findings to
the tribunal in order to assist the tribunal in coming to a decision. This can
include detailed quantum and delay analysis.
The
construction expert witness will give an opinion on a matter as opposed to
stating only pure facts. They are obliged to discuss all aspects of the case
within their expertise, even if this goes against what a client would like them
to disclose.
When
an expert has offered up their report to a court, it is pretty common to
practise for them to be cross-examined on the evidence which has been provided.
What's more, the expert needs to be totally sure of their findings and where
they will often be backed up by factual evidence.
It’s
very important to point out that while a significant part of the expert’s role
revolves around their appearance in a court; the collating of information,
analysis of the dispute and the production of the report can often take many
months and of hard work. In certain particularly large and high profile cases,
this process may actually even take years and involve a large team of expert
and supporting staff.
What will Their Testimony Entail?
One
of the crucial things that a construction expert witness will offer insight on
is the standard of care, most significantly in the case of an accident or the
scenarios of an injury. By gathering up information with regards to this, they
may be able to start to pinpoint who is liable for the mistake, error or issue
at hand.
They
will also make sure that their testimony is going to be fair and completely
impartial. They will then put forward the facts in a completely unbiased manner
so that the correct and the fair result is going to be met.
The Scope of the Expert’s Role
The
expert’s remit needs to be clearly and precisely defined in their own written
instructions. This also requires that the issues relating to the dispute are
going to be clearly defined between the parties. Early meetings with your
expert as the case develops, and between the experts, once the case has begun,
it will then help delineate the key issues and points of disagreement.
It
is therefore usually advisable to instruct experts as early as feasibly
possible. The expert will also be able to recognize the fact that their role is
essential in offering impartial advice to the tribunal independently rather
than to advocate the client’s position. This duty will override any duty to the
instructing party.
Simon Levy
- Impartial Insight From Construction Expert
Witnesses in Borehamwood
Many
situations may lead to property disputes and require you to present your case
in front of a court or tribunal. Not only this is often a costly exercise, but
it can also be very stressful, especially if you have reason to believe that
you are in the right. Navigating the legal system can be an incredibly daunting
experience, which may discourage some people from pursuing their case - but it
doesn’t have to be this way. As a practising member of the Academy of Experts
since 1996, we are often commissioned as expert witnesses. From boundary and
construction disputes to defect and dilapidation diagnosis
Often appointed as an Expert Witness, Simon Levy
can provide an impartial expert opinion on property issues. With over 30 years
of experience, we have extensive knowledge of building defects and diagnosis,
which is why we are able to provide the Courts with our professional opinion.
As the leading construction expert witnesses in Borehamwood, Watford, Barnet
and the surrounding areas, we’re well versed in the intricacies of the local
court system and know exactly what it takes to convey the facts objectively and
fairly. No two cases are the same, so be sure to
contact us
to discuss your options and learn more about
our construction expert witnesses in Borehamwood and please feel free to browse
through our website for further information.
