Arbicon are Chartered Quantity Surveyors specialising in construction dispute resolution. Our Experts are LETAPAEWE qualified and have Experts on the RICS Accredited Expert Witness Panel, providing Independent Expert Evidence on material facts. Arbicon can provide quantum Expert Reports that are Advisory or fully CPR 35 Compliant for proceedings in Court or other Tribunals.
The Role of an Expert Witness
The role of the Expert may be advisory, a Single Joint Expert, a Party Expert or a Shadow Expert. Arbicon can assist in undertaking any of these roles.
Our quantum Experts fully understand the litigation process and are up to date with legislation, regulations and guidance applicable to their Expert Witness work, working with the employer and any advisors to consider pre-action protocol, case management, conferences, meetings, settlements and/or narrowing of issues. One of Arbicon's USPs that few other practices can offer, are reports that require building surveying and quantity surveying input combined.
The overriding duty of an Expert is to assist and provide guidance to the Court or Tribunal and our Experts will provide professional, objective and unbiased quantum Expert Evidence and quantum Expert opinion in full compliance with the Royal Institute of Chartered Surveyors (RICS) Practice Statements.
This is in contrast to a Shadow Expert who works behind the scenes, this may be the case where the Court has not given permission for own Party Experts and have appointed a Single Joint Expert or decided that an Expert is not required in a particular field. The Shadow Expert will provide assistance and advice including any questions to be put in cross examination. The Shadow Expert can become a CPR 35 Expert. In the case of adjudication the process is less formal than Court, a Shadow Expert can be used very effectively in assisting with building a case very quickly and putting a strong position forward. If defending an adjudication, Arbicon are used to putting complex cases together, such as quantum delay analysis, in a matter of days.
A Single Joint Expert is an Expert instructed to prepare a report for the Court on behalf of two or more parties to the proceedings, the relevant parties are jointly and severally liable for the Expert’s fees and expenses.
The early appointment of an Expert is beneficial in understanding the strengths and/or weaknesses of the case and developing the best strategy to seek a negotiation.
It is important to recognise that the quantum Expert will require proper contemporaneous records to make a clear opinion of the available material facts. As an example, where a contract has been terminated, the position of works as of that date should be fully recorded and documented, ideally this would be by the Expert Witness.
How Arbicon Can Help
The Arbicon Experts cover a number of areas in construction to produce Expert Reports on behalf of the Employer, Solicitor, Main Contractor, Subcontractor, Householder or Insurance Company, these include:
- Cost value of the Final Account
- Cost value of works on contract termination/bankruptcy (normally required immediately)
- Measurement Issues (SMM7, NRM, CESMM, etc.)
- Costs incurred in development agreements or other agreements
- Quality and value of works after contractor walk out. (Repudiation)
- Flat management company disputes (e.g., cladding or fire issues)
- Defective works
- Quantum delay analysis, programmes and disruption
- Interpretation of contracts, clauses and legal opinion
- Insurance valuations
- Professional negligence
- Breach of contract
- Party wall quantum
- Building surveying
- Boundary disputes
- Loss and expense
- Liquidated damages liability
- Practical completion
- Design responsibility/fit for purpose/design errors
- Document conflicts
- Exclusion and onerous clauses
- Contra charges
- Damages valuations
Arbicon have provided Quantum Expert Reports for a variety of Tribunal disputes, such as Court, Arbitration, Adjudication and Mediation.