What is the testimony of an expert witness? We look at how an expert witness testimony can help with building defects, construction disputes or other architectural questions.
An expert witness is an independent expert who uses their knowledge, training, and experience in a specific area to assist courts and other bodies to understand issues in legal cases so they are able to reach a sound and just decision.
Expert witnesses are typically required in a situation where an evaluation of the issues requires technical and/or scientific knowledge, such as in cases relating to:
- Earnings losses and payments
- Insurance claims
- Identifying liability
- Competency
- Environmental issues
- Intellectual property etc.
A construction expert witness is an expert with extensive knowledge and expertise in the construction industry. Their testimony helps to inform on issues related to construction, such as the Building Regulations and compliance, construction costs, and construction defects.
An expert witness must be independent and remain unbiased regardless of which party is paying their fee. Their duties are set by Part 35 of the Civil Procedure Rules, under which their overriding duty is owed to the court, and a good expert witness will have:
- Detailed knowledge and experience of the subject matter;
- Good analytical reasoning capabilities;
- Good communication skills;
- The capability of adapting to new evidence;
- Ability to think clearly during cross-examinations;
- Confident manner, especially during court appearances;
- Good understanding of dispute resolution procedures.
A legal claim arising from a construction project may involve contract law, the law of tort, and property law. For example:
- The claim could be based on a breach of contract involving a dispute about contract performance or cost of the work;
- A fatal accident claim arising from a construction site accident;
- An appeal against a local planning authority's refusal of planning permission. Such legal disputes call for a professional testimony from a construction expert to inform the case decision makers.
Before one can give evidence as an expert witness, the court must give permission, and the qualifications of the individual as an expert must be established. No single credential provides a universal basis to qualify one as an expert.
One looks at many factors, such as the area of educational specialisation and whether any postgraduate qualifications were obtained. Extensive and meaningful work experience is also considered.
Are you looking for an expert witness architect in Sussex, Kent, Surrey and London? For a RIBA Chartered Architect based in Horam, East Sussex, follow the link below.
