The expert witness in construction / Robert Horne and John Mullen.

Format:

Book

Author/Creator:

Horne, Robert.

Contributor:

Mullen, John, 1959-

Language:

English

Subjects (All):

Evidence, Expert.

Construction industry--Law and legislation.

Construction industry.

Construction contracts.

Physical Description:

1 online resource.

Edition:

1st ed.

Place of Publication:

Hoboken, N.J. : John Wiley & Sons Inc., 2013.

Language Note:

English

Summary:

The role of the expert witness has long been important in the resolution of construction disputes. The specialist opinion brought by the expert can aid understanding and interpretation of the facts of the dispute, and may be influential in deciding the outcome. The variety of dispute resolution procedures and the requirement for the expert witness to be independent places a heavy burden on the parties to identify and instruct an appropriate expert, and on the expert to ensure they discharge their duty in the correct manner. The Expert Witness in Construction explains, in practical terms, the way in which experts work with particular reference to the construction industry. Within this book the Expert's role is explained in legal and practical terms as a progression from understanding the basic principles by which Experts can be identified, through appointment, to giving evidence before a tribunal. At every stage commentary is given to: * help and guide professionals new to the arena of expert evidence; * act as a resource for those already acting as Experts; * assist party representatives looking for best practice guidance on the instruction of Experts; and * provide parties to disputes information on what they should expect from the Expert they appoint to explain the issues in the case. Covering all the implications of identifying, appointing, instructing and relying on experts, it will help the reader to understand why experts are instructed in the way they are, how to identify the expert that is right for a particular case and how evidence should be presented. Written by a practicing lawyer and a consultant with extensive experience of acting as an expert witness, the requirements of both the lawyer and expert are discussed. As such, it will help both parties to understand each other resulting in a closer, more productive working relationship.

Contents:

Intro

The Expert Witness in Construction

Copyright

Contents

Preface

Acknowledgements

Part 1

1 Introduction

1.1 Introduction

1.2 What is expert evidence?

1.3 The expanding role of the expert witness

1.4 What makes a good expert witness?

1.5 What is an expert witness and what is an expert witness used for?

1.6 Duties of the expert witness

1.7 Use of expert evidence

1.8 Summary

2 Independence and Duties

2.1 Introduction

2.2 Duties of expert witnesses

2.3 Partiality and impartiality

2.4 Failings in obligations

2.5 Investigations

2.6 Conflict of interest

2.7 Those giving instructions

2.8 Summary - nature of the conflicting duty

3 Roles in Different Forums

3.1 Introduction

3.2 Litigation

3.3 Arbitration

3.4 Adjudication

3.5 Mediation

3.6 Expert determination

3.7 Informal processes

3.8 Summary

4 Different Types of Expert

4.1 Introduction

4.2 The expert witness

4.3 The expert advisor

4.4 Tribunal-appointed experts

4.5 The single joint expert

4.6 Assessors

4.7 Expert determination

4.8 Expert evaluation

4.9 ICC expertise rules

4.10 The advocate and expert witness

5 Procedural Rules, Evidential Rules and Professional Codes

5.1 Introduction

5.2 Civil Procedure Rules

5.3 Domestic arbitration

5.4 International arbitration

5.5 The IBA Rules of Evidence

5.6 Professional institute rules

5.7 Summary

6 The International Dimension

6.1 Introduction

6.2 What is international?

6.3 General issues arising

6.4 Key differences in approach

6.5 International legal issues

6.6 International application of professional standards

Part 2

7 Selection and Appointment

7.1 Introduction

7.2 Pre-appointment

7.3 Availability

7.4 Expert witness interviews

7.5 Terms and conditions.

7.6 Fees and getting paid

7.7 Instructions

7.8 Ending the appointment

7.9 Summary

8 Obtaining Information

8.1 Introduction

8.2 Litigation

8.3 Domestic arbitration

8.4 International arbitration

8.5 Getting started

8.6 Focusing in on the issues

8.7 Electronic disclosure

8.8 Further documents and disclosure

8.9 Other experts

8.10 Redfern Schedules

8.11 At the trial or hearing

8.12 Access to the site and property

8.13 Translation of documents

8.14 Other problem areas

8.15 The expert report

8.16 Summary

9 Writing Reports

9.1 Introduction

9.2 Where to start

9.3 Duty to the tribunal

9.4 Independent opinions

9.5 Writing the report

9.6 Structure, layout, contents

9.7 The expert's qualifications

9.8 Use of assistants

9.9 All sources shown

9.10 Facts and instructions relied upon

9.11 Accurate and complete

9.12 Sampling

9.13 Instructions received

9.14 Joint briefs or terms of reference

9.15 Qualifications or ranges of opinions

9.16 Report conclusions

9.17 Statement of truth

9.18 Declarations

9.19 Questions on an expert report

10 Meetings of Experts

10.1 Introduction

10.2 Purpose

10.3 Timing

10.4 Agenda

10.5 How to record and report on the meeting

10.6 Producing a joint statement

10.7 Binding effect of experts' agreements

10.8 Attendance of lawyers

10.9 Involving a tribunal expert/facilitator/manager

10.10 Attendance of the arbitrator

10.11 A change of expert

10.12 Conclusions

11 Giving Evidence

11.1 Introduction

11.2 Will oral evidence be taken?

11.3 Preparation before the hearing

11.4 Split hearings

11.5 Giving evidence at the hearing

11.6 Modern technology

11.7 Examination-in-chief

11.8 Cross-examination

11.9 Tribunal examination

11.10 Re-examination

11.11 'In purdah'.

11.12 'Hot tubbing'

11.13 Tribunal- and jointly-appointed experts

11.14 Ex-parte proceedings

11.15 Post-hearing activities

12 Liability and Immunity

12.1 Introduction

12.2 How could liability arise?

12.3 General immunity as it has been historically

12.4 Erosion of the general position

12.5 Current expert liability (for what and to whom)

12.6 The facts of Jones v Kaney

12.7 The main judgment

12.8 Issues for experts to consider

12.9 Likely future developments

Appendix 1

Appendix 2

Appendix 3

Index.

Notes:

Includes index.

Includes bibliographical references and index.

ISBN:

9781118654378

1118654374

9781118656341

1118656342

9781118654354

1118654358

OCLC:

843124269