A typical construction dispute may involve issues such as delay to completion, disruption, damages, changes and variations, defect costs, or negligence, among other things, with the need for multiple expert witnesses across varying disciplines. It is not surprising that the use of experts may account for between 30 percent and 60 percent of the total cost to arbitrate. In that regard, parties need to be aware of the rules, requirements, and practices of expert witnesses and any limitations on their evidence before commencing a lengthy, and probably costly, arbitration.
Matthew Finn and Nicholas Cousino provide further in-depth analysis of expert evidence in construction disputes in this article first published in Global Arbitration Review ‘The Guide to Construction Arbitration, Edition 5’ in October 2023.
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