Construction disputes can be complex and financially draining, often hinging on intricate details related to costs, contracts and valuations. When these disputes escalate to legal proceedings, clarity and impartial expertise become essential. This is where a Chartered Quantity Surveyor steps in, acting as an expert witness to provide specialised knowledge and objective analysis.

This article explains how Chartered Quantity Surveyors act as expert witnesses in construction disputes. We will explore their duties, the importance of their evidence and how their unique expertise helps the court or tribunal reach a fair and informed decision.

An expert witness is an individual with profound knowledge and extensive experience in a particular field, appointed to provide independent assistance to a court or tribunal. In the context of construction disputes, their role is not to be an advocate for the client's case, but to offer an independent and unbiased opinion based on factual evidence.

Chartered Quantity Surveyors are uniquely positioned to act as expert witnesses in disputes related to cost, valuation and contractual financial matters. Their technical knowledge enables them to unravel complex issues and present them clearly and understandably.

When surveyors are acting as expert witnesses, their primary duty is to the court or tribunal, not to the party that appointed or pays them. This overriding duty is a cornerstone of the legal system and ensures the integrity of expert evidence. The expert's opinion must be impartial, objective and confined to matters within their expertise.

This principle prevents the expert from becoming a "hired gun" who simply advocates for one party. Their function is to provide independent assistance to the court or tribunal, helping it to understand the technical matters of the case. This is reinforced by professional and legal guidelines, including the Civil Procedure Rules (CPR) and the Royal Institution of Chartered Surveyors (RICS) Practice Statement.

The Royal Institution of Chartered Surveyors (RICS), as a leading professional body, provides comprehensive guidance for its members acting as expert witnesses. The RICS Practice Statement, "Surveyors acting as expert witnesses," outlines the core duties and responsibilities expected of chartered surveyors.

These guidance notes cover everything from accepting instructions and preparing the expert witness report to attending expert meetings and giving oral evidence. Adherence to this best practice guidance is mandatory for RICS members and ensures that their expert witness evidence meets the high standards required by the courts and tribunals.

The journey of quantity surveyors acting as expert witnesses follows a structured process, ensuring their contributions are both effective and compliant with procedural rules.

Accepting instructions

The first step for any surveyor acting as an expert witness is accepting instructions. Before doing so, they must ensure they have the relevant expertise in the particular field of the dispute. They must also confirm that they have no conflicts of interest and that they have the capacity to complete the work within the required legal timeframes. Clear instructions are vital for defining the scope of the expert's report.

Preparing the expert witness report

Once instructions have been received, the quantity surveyor begins preparing their written report. This expert report is a critical piece of evidence. It must set out all material facts, the expert’s opinion on the technical matters and the reasoning behind those conclusions.

The report must be the expert’s own, independent, and unbiased product. While legal advisors can assist with structure and compliance with practice directions, the content and opinions must be solely those of the expert witness.

Expert meetings and joint statements

In many civil proceedings, the court or tribunal will direct the expert witnesses appointed by the parties involved to meet. The purpose of these expert meetings is to narrow the issues in dispute. Following the meeting, the experts are typically required to prepare a joint statement outlining what they agree on and where their opinions differ, with brief reasons for their disagreement.

The surveyor in court

If the construction dispute proceeds to a formal hearing, the quantity surveyor will be required to present their expert evidence in person.

Giving oral evidence

Presenting oral evidence is a key part of the process. The expert witness must clearly and concisely explain their findings and opinions to the court or tribunal. A good expert witness can make complex quantity surveying or building surveying issues understandable to those without technical knowledge.

Facing cross-examination

After presenting their evidence, the expert will face cross-examination from the opposing party’s legal counsel. This is where the robustness of their expert report and the credibility of their opinions are tested. The surveyor must be able to defend their position under pressure, relying on their expertise and the factual evidence. The ability to remain impartial and professional while facing cross-examination is crucial.

Chartered Quantity Surveyors bring a specific and valuable skill set when acting as expert witnesses in construction disputes. As quantum experts, their evidence often focuses on:

• Valuation of works: Assessing the value of completed work, variations or defects.
• Measurement and costing: Providing detailed analysis of project costs and measurements.
• Loss and expense claims: Analysing claims for additional costs incurred due to delays or disruptions.
• Final account disputes: Resolving disagreements over the final payment due under a construction contract.
• Professional negligence: Providing an opinion on whether another surveyor failed to exercise reasonable skill and care.

Their extensive experience in these areas allows them to provide the court or tribunal with the detailed financial analysis needed to resolve complex cases.

The credibility of an expert witness hinges entirely on their impartiality. The court or tribunal relies on the expert to provide an objective opinion, untainted by the interests of the parties involved. Any perception that the surveyor is acting as an advocate for their client can lead to their evidence being given little or no weight by the court or tribunal.

This is why the expert's duty is so clearly defined in the Civil Procedure Rules and RICS guidance notes. It ensures that when disputes escalate, the expert evidence presented is a tool for finding the truth, not for advancing one party's agenda.

While it is common for each party to appoint their own expert, the court can also order the appointment of a single joint expert. This expert is instructed by and reports to all parties involved. This approach can be more cost-effective and efficient, especially in less complex civil claims. The surveyor acting as a single joint expert still has the same overriding duty to assist the court.

Chartered Quantity Surveyors play a vital role in resolving construction disputes by acting as expert witnesses. Their deep technical knowledge of quantity surveying and construction costs, combined with a commitment to their overriding duty to the court or tribunal, allows them to provide the impartial and credible expert evidence that legal proceedings demand.

From the initial preparation of a detailed expert witness report to giving clear oral evidence under cross-examination, their contribution is invaluable. They assist the court or tribunal in navigating complex financial and contractual issues, ensuring that decisions are based on sound, technical analysis.

If you are involved in a construction dispute that requires specialist knowledge of costs and contracts, engaging the right expert witness services is crucial. Contact Novus Resolve to learn how our experienced Chartered Quantity Surveyors can provide the expert witness evidence you need to navigate your case with confidence.