Construction projects more often give rise to issues between the involved parties. The problems may be related to delays and prolongation costs. The role of construction experts is crucial here since they can resolve the dispute through their expert witnesses. The witness is given for court activities and litigation. The testimony of these experts helps the court and other authoritative bodies to reach conclusive evidence. They make everything law-compliant and take approaches that better serve both parties. A detailed note on the construction expert witness and its importance is given below.
Importance of expert witness in construction industry:
The role of delay experts in construction projects has long been important for all the parties involved. These experts know the construction trends, terms, laws and regulations and make accurate decisions. The court often requires testimony for litigation and arbitration process. The evidence and witnesses given in front of the tribunal must be independent, and the expert sees it. The testimony of an expert is important in the following ways.
1. Independent decisions:
The witnesses and conclusions of an expert are always independent and unbiased. They use all their knowledge and expertise to reach findings and offer their testimony. The court and trier of the fact always believe their witness since they are factual. Often a party selects an expert for the trial, but, as a takeaway, the person should be independent and facts-based.
Despite being selected by one of the parties in dispute, the expert always takes objective steps. He avoids the advocacy role for any party and reviews the facts independently. The construction law is the same for all, and the experts ensure it in their testimony before the tribunal. Being objective in all aspects of the process, their witness is always trusted.
The court and trial always ask for credible information and facts. The parties can provide evidence that would strengthen their claims, but the expert must read the facts independently. Despite the favors, no party has the right to make the expert play as their advocate. The court will only take credible and independent witnesses and not biased.
4. Easy-to-read reports:
Construction experts have extensive knowledge in the field and know terminologies that would stand out. When asked for a report or presentation for a court hearing, they make easy and rich reports and presentations. Since a construction project incorporates countless facts and points, the court won’t have time to listen to all. Experts present their witnesses in simplified written form, acceptable by the court and tribunal.
5. Fulfills litigation demands:
The construction expert witness is always according to the directions of a court or litigation. Being an expert and counselor, these individuals comply with all the legalities of a construction project. They know the construction law and the associated articles. Therefore, their witness will always be valued in a court and a tribunal.
6. Evidence-based points:
The witness of an expert is always backed with strong evidence points. An opinion without evidence will be questioned by many. To avoid such loopholes, these construction experts always support their assumptions and projections with evidence. Trier of the fact can make decisions based on the evidential points the expert presents.
7. Comprehensive reports:
Expert witness always contains all the materials like images, statistics and other supporting facts. They present comprehensive information in the hearing of courts and tribunals. A report containing info like calculations, plans and analyses can greatly help the trier conclude things.
When to consult the construction expert?
The witnesses of construction experts are required more at the time when disputes take place. The project disputes vary in nature, and every disagreement requires the respective treatment. Following are some of the types of disputes where the construction expert witness is important.
1. Project delays:
The most recurring type of construction dispute is the delay in project activities. The delay is either caused by the owner of the project or the contractor. In either case, the conflict must be resolved; hence the services of construction delay expert witness are required.
Quantum claims arise when any of the involved parties make a claim. The claim is made by one party and always negated by the other. Such situations always end up in dispute. The role of a construction expert witness here is to study the conditions and conclude things.
3. Defects and forensic analysis:
The owner of the construction project often held responsible the contractor for defects in the building. Experts are hired for forensic examination of the newly constructed building to conclude if the claim is legal.
Why hire professional experts for construction projects?
The services of construction claim consultants always ensure the smooth completion of the construction projects. Having these experts on board can avoid different project disputes among the involved parties. These professional consultants greatly help the parties complete the task well on time.