Since Covid 19 hit the construction sector with supply issues and labour shortages, the quality of construction has declined and a number of inferior building materials have been used for cost or availability reasons. The pandemic hit commercial clients and residential home owners hard and many were unable to pay for construction works.

The issues above have created an influx of construction dispute and defect claims which have led to costly legal battles between parties. Step in the Expert Witness.

An Expert Witness can be called upon to assist in providing their expert opinion on the dispute and facts available for review. An expert can act individually or jointly for both parties. It is the experts duty to provide a Part 35 Compliant report (where commissioned) for the use of the court to review the independent analysis of the Expert Witness in order to inform a judgment. Instructing clients should acknowledge the duty of an expert is to the court and not to them as the instructing party.

The above process is often left till a dispute has escalated or reached the courts. It can save the parties substantial costs by commissioning an independent CPR Part 35 compliant report at the outset to determine if a claim is valid or genuine.

James Cullen BSc (Hons) FRICS is a Chartered Building Surveyor, RICS Fellow and experienced expert witness, having advised on a wide range of disputes. James is renowned for providing honest, direct and clear advice and is aware of his duty to the court. For support, guidance and dispute closure, contact James on jamescullen@adeptbc.co.uk or 07471294647. Please note, it is strongly advisable that clients direct Expert Witness enquiries via their legal representatives. Clients who are not represented legally should familiarise themselves with the RICS Expert Witness client guide in the first instance.