Insights
Expert witness.
An expert witness gives an independent opinion on architectural and building matters to a court, an arbitrator or an adjudicator. The expert assists the decision-maker and does not decide the dispute.
The expert’s duty
An expert owes the tribunal an independent and impartial opinion. The expert does not act as an advocate for the party who appointed them.
What an expert report usually covers
- The expert’s qualifications and experience.
- The documents and facts relied on.
- The expert’s inspection of the site or building, where one was done.
- The reasoning and the opinion on each question asked.
- Any assumptions made and any limits on the opinion.
Typical subjects
- The standard of design, documentation or workmanship.
- The administration of a building contract by the architect or principal agent.
- Causes of defects and the reasonable cost of repair.
- The reasonableness of fees and of the services provided.
Expert witness or neutral
An expert witness gives evidence. A mediator, adjudicator or arbitrator is a neutral who helps or decides. One person cannot act in both capacities in the same matter. We confirm the capacity before accepting an appointment.