Expert Witness Services

Providing highly qualified and experienced consultants who are able to fulfil expert witness duties in the field of construction, from small domestic matters to major construction claims and disputes.

Expert witness services include:

• Quantification and valuation of work carried out
• Quantification of damages or loss or expense claims for breach of contract
• Liability of Project Managers, Contract Administrators and Quantity Surveyors in professional negligence claims
• Quantification and valuation of defective work carried out
• Validity and quantification of variations to contract and final accounts

We are members of and trained by the renowned Academy of Experts who state that the main advantage of making sure that you appoint an Academy Expert is:

“You will get an independent ‘warts and all’ expert opinion who will not only describe the good points of your case but also the bad points too. No stone will be left unturned and the result will be an opinion that will enable you to make the right decision. If the decision is pessimistic you will be able to extricate yourself from the legal process quickly (when costs are fairly low) and if the opinion is optimistic you will be able to press the matters forward with confidence”.

We only have one aim – to give clients an absolutely independent assessment in a cost effective manner.

Training

We provide unique contract and legal training workshops for contractors focusing specifically on their needs, problems and opportunities. Expert training is given on a wide range of topics either as a standalone workshop or as part of a series to form a full day’s training. Training is interactive as possible, supported by detailed written materials in order to maximise learning.
Aims and methodology of all our workshops are as follows:

Aims
To enable delegates to assess their own knowledge, and share this with others, address any knowledge gaps and apply this to practical situations.

Methods
Presentation of information, case studies, group discussion and activities, question and answer and role play.

Dispute Resolution

Adjudication
Adjudication is now firmly established as the most preferred method of resolving disputes by a third party where the parties have failed to reach agreement. We are experienced in acting for both Claimants and Respondents, ranging from straight forward recovery of outstanding payments, through to complex claims.

Typically, our input usually covers:

• Advice on the strategy and tactics of the adjudication process including the cost and likely outcome
• Preparing and issuing the Notice of Adjudication
• Preparing and issuing the Referral Notice
• Preparing and issuing further Responses and Replies during the process
• Attending and representing clients’ at meetings at the request of the adjudicator
• Arrange for the enforcement of adjudicators’ decisions through the courts

Arbitration
Arbitration is no longer the dispute resolution mechanism of choice. Notwithstanding this, we recognise that there may still be cases where arbitration is the appropriate forum for final dispute resolution. Clients are guided through the entire process ensuring that they are kept informed and aware of all the stages. The administrative burden of the proceedings is taken away leaving our clients to focus on their own business interests and submissions.

Mediation
At a very practical level the mediation process is explained, clients are shown how to prepare for mediation, how to present and negotiate at the mediation and how to document a settlement reached in mediation.  Preliminary advice and assistance is provided on setting up the mediation and on the logistical and administrative arrangements when agreeing terms of the mediation agreement. Case summaries and documents are drafted and exchanged and an appropriate professional mediator is identified and appointed. Clients are also represented at the mediation itself.

Delay Disruption and Financial Claims

Providing advice on the contractual validity of a claim, together with definitive opinions on the extent of the financial entitlement or liability.

Preparing and presenting delay, disruption and financial damages claims. This typically involves reviewing and analysing complex factual issues during and after the construction process, including disentangling issues in global claims and establishing the relationship of particular cause and effect. Whilst it is convenient and more effective for us to take over the whole claim, we try where necessary to utilise client’s staff to undertake much of the routine research and assembly of factual information under our guidance.

We have a proven analytical approach to the investigation and presentation of claims and in establishing methods for the capture and review of project information. We use computer forensic and data analysis techniques to assist the process and to provide a graphical presentation in a clear and comprehensive format.

Legal and Contract Advice

We give concise, straightforward advice and guidance to various contractual issues that arise to reduce the risk of contractual problems and disputes. Problematic words found in contracts are dealt with and common misunderstandings are fully explained.

Dispute Avoidance

• Contract Health Check
• Contract Preparation
• Contract Drafting

Contract Health Check
We review terms and conditions of tender and contract documentation and warranties to identify risk associated with potentially onerous conditions. The correct form of contract is adopted and the drafting of contracts incorporates all the elements and clauses needed to fully protect clients. Necessary amendments to contracts are drafted and agreed between the parties.

Contract Preparation
We ensure that contracts are compiled properly to reduce any potential ambiguity or mistakes in drafting and that all the relevant documentation forms part of the contract. When the contract is ready for execution signatories are arranged for both parties to sign.

Contract Drafting
Clients are fully protected commercially, legally and financially by drafting contract terms and providing commercial advice at all stages in the process. We can draft either entire contracts or special clauses to be added to an industry standard contract (e.g. JCT).