By Michael P. Reynolds
The function of the specialist witness has lengthy been vital in building litigation and arbitration and such a lot different different types of dispute solution. this present day there's a heavier burden on specialists as a result variety of the precise dispute procedure and the additional accountability this brings.
The Woolf reforms and the creation of the Civil approach ideas are having an important effect at the function of the specialist witnesses. now not is the professional responsible simply to the customer yet without delay owes an obligation to the courtroom. within the smaller worth declare a brand new chance of appearing as unmarried joint specialist arises the place the events can shop time and cash. there's larger flexibility in arbitration lower than the Arbitration Act 1996 and a necessity for specialist proof within the statutory strategy of adjudication.
This publication takes account of most of these adjustments, taking the professional level by way of level via his or her tasks, from the research, instruction and trade of specialist reviews, disclosure of records, the significance of other kinds of facts, to training for the listening to itself and the giving of oral facts.
The appendices characteristic acceptable references to the Civil process ideas, instructions for specialists, protocols and different fabrics of useful curiosity. all through, reference is made to correct case legislations.
Chapter 1 The specialist Witness: position and tasks (pages 1–23):
Chapter 2 Contracts, Claims and Damages (pages 24–40):
Chapter three expert legal responsibility and the specialist Witness (pages 41–53):
Chapter four How the Courts review specialist facts (pages 54–71):
Chapter five formula of the problems (pages 72–78):
Chapter 6 techniques for answer of Disputes (pages 79–105):
Chapter 7 specialists' Discussions and the only Joint professional (pages 106–114):
Chapter eight facts and the specialist (pages 115–127):
Chapter nine Disclosure (pages 128–141):
Chapter 10 education of Scott Schedules (pages 142–148):
Chapter eleven the ultimate file and Trial (pages 149–164):
Chapter 12 ‘Che Sera Sera’ (pages 165–170):
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Extra resources for The Expert Witness in Construction Disputes
Experience in investigation techniques, evaluating evidence and deciding what is relevant are the key skills of the claims expert. Together with these skills the expert needs to have a general knowledge of the law relating to contract claims and in certain cases a very detailed practical knowledge of the contract. The interdependence of claims experts is often of key importance to the success of the case. What is crucial is that the expert of a particular discipline appreciates the limits of his expertise in a particular field.
Each note should be dated and marked with the time. If it is of immediate consequence, the degree of importance must be indicated. In some arbitration proceedings the informality of the hearing and the location and layout of the chamber in which the hearing takes place necessitate the passing of these notes directly to counsel. It should be remembered, however, that the counsel's advocacy is planned and that both the content and timing of the questions posed by him are part of his tools of the trade.
This is of benefit to the contractor in so far as he will have certainty as to the level of damages for which he will be liable if he delays and adds incentive to complete on time. It is of benefit to the employer in that the damages (often very difficult to quantify in real terms) do not have to be proved in court, are immediately payable and can be deducted from sums due to the contractor. Liquidated damages are a genuine predetermined estimate of the damages contemplated by the parties at the time they enter into the contract.
The Expert Witness in Construction Disputes by Michael P. Reynolds