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Expert Witness

Building disputes will often require an expert witness...

N J Lewis & Associates Ltd Can help with building disputes

There are times when problems to properties result in disagreements about the work that has occurred. These vary from whether it has been correctly undertaken, correctly charged, or whether it has not been completed. Whilst a solicitor may be required to clarify the legal framework of the dispute, building disputes will often require an expert witness.

Consequently, an expert witness will visit the site and prepare a report based on the physical information accessible at the time of the inspection. The report can take into account evidence from the parties but has to clarify the source of the evidence. The report would normally include a conclusion following the inspection as well as recommendations.

Nicholas Lewis has worked in the Building industry as a surveyor for nearly 40 years and has therefore gained a wide experience in most areas of building construction. Most of Nicholas’ experience has concentrated on low-rise domestic properties having worked for firms of architects, surveyors and contractors on a variety of contracts over that 40 year period.

Changes to the Court procedure rules in April 2013 require the expert to provide an estimate of costs and to identify the issues which the expert will address.

A court may grant permission for a Single Joint Expert to be appointed to reduce the costs related to the whole process.

Depending upon the matter that is in dispute, an inspection of the property or premises will be undertaken to gain as much evidence as possible. This inspection may include a wider perspective than initially considered as evidence related to construction can often be located on adjoining properties that were constructed at the same time or have had similar problems that have been resolved or are apparent.

The inspection will include all visible issues whether they support a defence or a claim as the job of the expert witness is to gather all the appropriate evidence.

The report will include:

  • Introduction
  • Instructions
  • History (If relevant)
  • Inspection
  • Conclusion
  • Recommendations (If appropriate)
  • Experts statement
+ Court Procedure Rules (CPR part35)

Changes to the Court procedure rules in April 2013 require the expert to provide an estimate of costs and to identify the issues which the expert will address.

A court may grant permission for a Single Joint Expert to be appointed to reduce the costs related to the whole process.

+ Inspection

Depending upon the matter that is in dispute, an inspection of the property or premises will be undertaken to gain as much evidence as possible. This inspection may include a wider perspective than initially considered as evidence related to construction can often be located on adjoining properties that were constructed at the same time or have had similar problems that have been resolved or are apparent.

The inspection will include all visible issues whether they support a defence or a claim as the job of the expert witness is to gather all the appropriate evidence.

+ Expert witness report

The report will include:

  • Introduction
  • Instructions
  • History (If relevant)
  • Inspection
  • Conclusion
  • Recommendations (If appropriate)
  • Experts statement