It is unfortunate, but a fact of private and commercial life that disputes arise in construction contracts, particularly related to matters of design, quality of workmanship and contractual obligations. The parties have several options to resolve the dispute (ADR). However, in some instances these processes may not be preferred and ultimately the matters are referred to the courts. If the dispute relates to technical issues there will be a need to obtain expert advice.
Expert witnesses are required to demonstrate a thorough knowledge, training, and expertise in their chosen field as well as requiring a with attention to detail to produce a clear and concise impartial report.
- The court may request a Single Joint Expert (SJE) or allow each party to appoint their own expert. However, the overriding duty of any expert is to assist the court and that duty overrides any obligation to the party that has engaged the expert.
- An experts duty is to provide an impartial report which truly reflect the experts own independent opinion and conclusions without influence by any party directly or indirectly connected with this dispute.
- The compilation of the report must satisfy the provisions of part 35 of the civil procedure rules specifically Rule 35.3 and 35.5.
Litigation is invariably a long, drawn out and often-protracted process which incurrs substantial costs. An independent, unbiased and professional report at an early stage of the dispute will provide the parties with the information to assess their position and allow the legal team to decide on the most appropriate course of action.
Mr Antino has acted as an expert in the following areas for both claimant and defendants either a single or joint expert in the following areas :
- Professional Negligence Claims
- Party Wall Matters
- Defective Building Works
- Housing Disrepair
- Breach of Contract
- Forensic Analysis
- landlord & Tenant-Private-Commercial
- Neighborly Matters-Boundary disputes-Tresspass-Nuisance