Arbicon ADR Ltd

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Construction Expert Reports

An Expert Report, compliant with CPR 35, is designed to assist a Court or Tribunal in understanding the problem or dispute by analysis of the facts together with an opinion on those facts. It can also assist the parties prior to proceedings in resolving their differences.

In construction disputes, it is often necessary to obtain an opinion on the quality and value of construction work. There may also be, for example, a need to evaluate delays.

In any dispute or problem, obtaining an Expert Report will assist where the dispute has to be decided by a Court or Tribunal. It is especially important where the state of works needs to be recorded contemporaneously. For example, where a termination event occurs.

Typical examples where Arbicon Expert Reports may be required are for disputes involving:

  • Valuations of Final Accounts of all Construction or Engineering Disputes
  • Measurement Issues (SMM7, NRM, CESMM, etc.)
  • Costs incurred in Development Agreements or other agreements
  • Quality and Value of Works after Contractor Walk Out. (Repudiation)
  • Flat Management Companies
  • Defects and Dilapidations
  • Delay Analysis, Programmes and Disruption
  • Interpretation of Contracts, Clauses and Legal Opinion
  • Insurance Valuations
  • Professional Negligence
  • Breach of Contract
  • Party Wall
  • Boundary Disputes
  • Loss and/or Expense
  • Liquidated Damages
  • Suspension/Termination/Repudiation
  • Insolvency
  • Variations
  • Practical Completion
  • Design Responsibility/Fitness for Purpose/Design Errors
  • Document Conflicts
  • Exclusion and Onerous Clauses
  • Contra Charges

Arbicon provide CPR 35 compliant Expert Reports carried out by a Chartered Surveyor in respect of all of the above.

All reports are regulated by the Practice Statement for Surveyors acting as Expert Witnesses - published by the Royal Institution of Chartered Surveyors (RICS).

The Expert Report appointment can be done on the basis of either a Single Joint Expert for both parties or acting for one of the parties. When acting for one of the parties the Report can be produced as an "Advisory" Report or on the basis of a CPR 35 compliant report which is impartial and produced for the benefit of the Court or Tribunal.

Arbicon are leading Expert Witness consultants as experts in all aspects of construction dispute resolution, Arbicon are the obvious choice in all aspects of dispute.

If you are a party or party representative involved in a construction issue whether you are a Building Employer, Solicitor, Main Contractor, Sub-contractor, Householder or Insurance Company; Arbicon can provide Expert Opinion to suit your needs or circumstances.

Whether Court or ADR proceedings have commenced or evidence is still being collated and established, Arbicon can provide prompt assistance. We would recommend early involvement in our Expert Services and it should be noted that the costs may be claimable in the cause.

Construction Expert Witnesses

In association with or following on from the production of an Expert Report or Reports, Court, Arbitration, Adjudication, Mediation or other proceedings may demand an Expert Witness.

Arbicon have experienced and are formally trained Expert Witnesses acting at the highest level in the High Court. In particular, the Technology and Construction Court (TCC). Arbicon also regularly act in arbitrations, adjudications and all other Alternative Dispute Resolution processes.

As above, Arbicon's Experts can act as Single Joint Expert for both parties or as a one party Expert.

Construction Expert Determinations

Parties to a dispute are generally free to agree how they would like their dispute decided and can agree to appoint a joint expert with additional powers to decide the dispute or to produce a non-binding determination.

Each case is different; thus the parties will be encouraged to engage in tailoring the process to assist them in arriving at a final deal.

If you would like to know more about ARBICON'S Construction Expert Services and would like to appoint an Expert please use our online form or call any of our offices to make the arrangements.