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The Expert Witness in Construction, by Robert Horne, John Mullen
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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.- Sales Rank: #2874428 in eBooks
- Published on: 2013-08-26
- Released on: 2013-08-26
- Format: Kindle eBook
Review
Book review
Proceedings of the Institution of Civil Engineers: Management, Procurement and the Law
http://dx.doi.org/10.1680/mpal.14.00041
… The result of this collaboration is an excellent book providing a comprehensive coverage of the many facets of the work of an expert witness, both from a legal and practical viewpoint. The topics are covered in sufficient depth to be of real value and help to experienced prectitioners as well as being written in a style that is accessible and informative to the less experienced but aspiring expert or party representative, the parties themselves seeking to understand better what might be expected of an expert, and indeed anyone with an interest in the subject…. The joint authors appear to have collaborated closely to produce a comprehensive, coherent and valuable source of reference on the often misunderstood and different roles of the expert in construction disputes.
-- Barry Manie
From the Back Cover
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. About the Author
Rob Horne is a Partner at Trowers and Hamlins, and has specialised in the resolution of construction and construction related disputes for over 20 years. He is a Chartered Arbitrator and adjudicator in addition to advising and representing clients in all forms of dispute avoidance and resolution. Rob's strengths lie in coordinating and managing significant and diverse teams across multiple disciplines and often across multiple jurisdictions. He is recognised for his ability to build and control highly effective teams particularly related to large scale infrastructure projects.
John Mullen is a chartered quantity surveyor and civil engineering surveyor, with over 30 years experience of the construction industry. In that time he has been employed by contractors and professional practices and represented a wide range of clients. Co-author of the book Evaluating Contract Claims, John has an international reputation that has led to over 60 appointments as an expert witness around the World, with sums in dispute ranging up to $760 million. One of the founders of Driver Group plc, John is currently Principal of its DIALES business.
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