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Vol 21 No 9 Sept/Oct 2016

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The Expert Witness in Construction

ISBN13: 9780470655931
Published: September 2013
Publisher: Wiley-Blackwell
Country of Publication: UK
Format: Hardback
Price: £90.95

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The role of the expert witness has long been important in the resolution of construction disputes. The specialist opinion brought by the expert can aid understanding and interpretation of the facts of the dispute, and may be influential in deciding the outcome.

The variety of dispute resolution procedures and the requirement for the expert witness to be independent places a heavy burden on the parties to identify and instruct an appropriate expert, and on the expert to ensure they discharge their duty in the correct manner.

The Expert Witness in Construction explains, in practical terms, the way in which experts work with particular reference to the construction industry. Within this book the Expert's role is explained in legal and practical terms as a progression from understanding the basic principles by which Experts can be identified, through appointment, to giving evidence before a tribunal. At every stage commentary is given to:-

  • help and guide professionals new to the arena of expert evidence;
  • act as a resource for those already acting as Experts;
  • assist party representatives looking for best practice guidance on the instruction of Experts; and
  • provide parties to disputes information on what they should expect from the Expert they appoint to explain the issues in the case.
Covering all the implications of identifying, appointing, instructing and relying on experts, it will help the reader to understand why experts are instructed in the way they are, how to identify the expert that is right for a particular case and how evidence should be presented.

Written by a practicing lawyer and a consultant with extensive experience of acting as an expert witness, the requirements of both the lawyer and expert are discussed. As such, it will help both parties to understand each other resulting in a closer, more productive working relationship.

Construction Law
Part One
Chapter 1 - Introduction
1.1 Introduction
1.2 What Is Expert Evidence?
1.3 Expanding Role Of The Expert Witness
1.4 What Makes A Good Expert Witness?
1.5 What Is An Expert Witness And What Is An Expert Witness Used For?
1.6 Duties Of The Expert Witness
1.7 Use Of Expert Evidence
1.8 Summary
Chapter 2 - Independence And Duties
2.1 Introduction
2.2 Duties Of Expert Witnesses
2.3 Partiality And Impartiality
2.4 Failings In Obligations
2.5 Investigations
2.6 Conflicts Of Interest
2.7 Those Giving Instructions
2.8 Summary
Chapter 3 - Roles In Different Forums
3.1 Introduction
3.2 Litigation
3.3 Arbitration
3.4 Adjudication
3.5 Mediation
3.6 Expert Determination
3.7 Informal Processes
3.8 Summary
Chapter 4 - Different Types Of Expert
4.1 Introduction
4.2 The Expert Witness
4.3 The Expert Advisor
4.4 Tribunal Appointed Experts
4.5 The Single Joint Expert
4.6 Assessors
4.7 Expert Determination
4.8 Expert Evaluation
4.9 Icc Expertise Rules
4.10 The Advocate And Expert Witness
Chapter 5 - Procedural Rules, Evidential Rules And Professional Codes
5.1 Introduction
5.2 Civil Procedure Rules
5.3 Domestic Arbitration
5.4 International Abitration
5.5 The Iba Rules Of Evidence
5.6 Professional Institute Rules
5.7 Summary
Chapter 6 - The International Dimension
6.1 Introduction
6.2 What Is International?
6.3 General Issues Arising
6.4 Key Issues Differenes In Approach
6.5 International Legal Issues
6.6 International Application Of Professional Standards
Part 2
Chapter 7 - Selection And Appointment
7.1 Introduction
7.2 Pre-Appointment
7.3 Availability
7.4 Expert Witness Interviews
7.5 Terms And Conditions
7.6 Fees And Getting Paid
7.7 Instructions
7.8 Ending The Appointment
7.9 Summary
Chapter 8 - Obtaining Information
8.1 Introduction
8.2 Litigation
8.3 Domestic Arbitration
8.4 International Arbitration
8.5 Getting Started
8.6 Focussing In On The Issues
8.7 Electronic Disclosure
8.8 Further Documents And Disclosure
8.9 Other Experts
8.10 Redfern Schedules
8.11 At Trial Or Hearing
8.12 Access To The Site And Property
8.13 Translation Of Documents
8.14 Other Problem Areas
8.15 The Expert Report
8.16 Summary
Chapter 9 - Writing Reports
9.1 Introduction
9.2 Where To Start
9.3 Duty To The Tribunal
9.4 Independent Opinions
9.5 Writing The Report
9.6 Structure, Layout, Contents
9.7 The Expert’s Qualifications
9.8 Use Of Assistants
9.9 All Sources Shown
9.10 Facts And Instructions Relied Upon
9.11 Accurate And Complete
9.12 Sampling
9.13 Instructions Received
9.14 Joint Briefs or Terms of Reference
9.15 Qualifications Or Ranges Of Opinions
9.16 Report Conclusions
9.17 Statement Of Truth
9.18 Declarations
9.19 Questions On An Expert Report
Chapter 10 - Meetings Of Experts
10.1 Introduction
10.2 Purpose
10.3 Timing
10.4 Agenda
10.5 How To Record And Report On The Meeting
10.6 Producing A Joint Statement
10.7 Binding Effect Of Expert Agreements
10.8 Attendance Of Lawyers At Expert Meetings
10.9 Involving The Tribunal Expert, A Facilitator Or Manager
10.10 Attendance Of The Tribunal At The Meeting
10.11 A Change Of Expert During Or After Meetings
10.12 Conclusions
Chapter 11 - Giving Evidence
11.1 Introduction
11.2 Will Oral Evidence Be Taken?
11.3 Preparation Before The Hearing
11.4 Split Hearings
11.5 Giving Evidence At The Hearing
11.6 Modern Technology
11.7 Examination In Chief
11.8 Cross Examination
11.9 Tribunal Examination
11.10 Re Examination
11.11 Purda
11.12 Hot Tubbing
11.13 Tribunal And Jointly Appointed Experts
11.14 Ex-Parte Proceedings
11. .15 Post – Hearing Activities
Chapter 12 - Liability And Immunity
12.1 Introduction
12.2 How Could Liability Arise?
12.3 General Immunity As It Has Been Historically
12.4 Erosion Of The General Position
12.5 Current Expert Liability (For What And To Whom)
12.6 The Facts Of Jones And Kaney
12.7 The Judgment
12.8 Issues For Experts To Consider
12.9 Likely Future Developments
1. Useful Websites for Further Information
2. Tables Comparing Rules for Different Types of Expert Involvement
3. Typical Order for Hot Tubbing;