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The Expert Witness in Construction Disputes



The Expert Witness in Construction Disputes

Michael P. Reynolds

ISBN: 978-0-470-68020-9 April 2008 Wiley-Blackwell 240 Pages


The role of the expert witness has long been important in construction litigation and arbitration and most other types of dispute resolution. Today there is a heavier burden on experts because of the diversity of the appropriate dispute process and the added responsibility this brings.

The Woolf reforms and the introduction of the Civil Procedure Rules are having a major impact on the role of the expert witnesses. No longer is the expert accountable just to the client but directly owes a duty to the court. In the smaller value claim a new opportunity of acting as single joint expert arises where the parties can save time and money. There is greater flexibility in arbitration under the Arbitration Act 1996 and a need for expert evidence in the statutory process of adjudication.

This book takes account of all these changes, taking the expert stage by stage through his or her duties, from the investigation, preparation and exchange of expert reports, disclosure of documents, the importance of different types of evidence, to preparation for the hearing itself and the giving of oral evidence.

The appendices feature appropriate references to the Civil Procedure Rules, guidelines for experts, protocols and other materials of practical interest. Throughout, reference is made to relevant case law.

The expert witness: role and duties; Contracts, claims and damages; Professional liability and the expert witness; How the courts evaluate expert evidence; Formulation of the issues; Procedures for resolution of disputes; Experts' discussions and the single joint expert; Evidence and the expert; Disclosure; Preparation of Scott schedules; The final report and trial: Che sera sera; Appendices.
* a successor to The Expert Witness and His Evidence, Reynolds & King (2nd edition 0- 632-03389-4, 1992)
* major changes to court responsibilities for experts, following the Woolf Reforms.
* extensive use of expert witnesses in construction disputes