A construction expert witness provides independent, impartial technical opinion evidence to assist a court, adjudicator or arbitrator in understanding the construction issues at the heart of a dispute. Our RICS-qualified chartered surveyors examine matters such as alleged defects, standards of workmanship, compliance with contract documents and Building Regulations, and questions of delay and cost. Crucially, the expert’s duty is to the tribunal rather than to the party paying the fee, so the opinions we give are honest, reasoned and evidence-based throughout.
Expert evidence becomes valuable when a dispute turns on technical questions that solicitors and tribunals cannot resolve from correspondence alone. Typical situations include:
Instructing an expert early, before positions harden, often clarifies the true strength of a claim and can encourage settlement before legal costs escalate significantly.
We begin with a conflict check and a clear letter of instruction agreed with you or your solicitor, so the questions we must answer are defined from the outset. We then review the contract documents, drawings, specifications, programmes and correspondence, and inspect the works wherever access allows. Our findings are set out in a draft for checking of factual accuracy, then finalised as a formal report. Where directed, we answer written questions, meet the opposing expert to narrow the issues, and give oral evidence at the hearing.
Our reports follow the structure the courts expect. Each one sets out the expert’s qualifications and experience, the instructions received, the documents relied upon, the investigations undertaken and the facts observed. It then gives clearly reasoned opinions on each issue, distinguishing established fact from professional judgement, and acknowledges any range of reasonable opinion. Reports prepared for court proceedings include the statement of truth and declarations required by Part 35 of the Civil Procedure Rules, so they are admissible without procedural difficulty.
There is no standard price for expert witness work, because no two disputes are alike. Fees are generally charged on a time basis and depend on the volume of documentation to be reviewed, the number and complexity of the issues, the size of the project, whether site inspections or opening-up are required, and the extent of involvement after the report is served, such as expert meetings, joint statements and attendance at hearings. We provide a clear fee estimate and terms of engagement before accepting any instruction.
Courts and tribunals give weight to experts whose independence and competence can be demonstrated. Our chartered surveyors are regulated by the RICS and work strictly within their areas of proven expertise, in accordance with RICS practice standards for surveyors acting as expert witnesses. We understand the overriding duty to the court under CPR Part 35 and prepare every report accordingly, whether the forum is litigation, adjudication or arbitration. That discipline protects the credibility of your case as well as of our opinions.
Yes, and it shapes how we work. Adjudication under the Construction Act runs to a tight statutory timetable, so evidence must be focused, proportionate and delivered quickly. Arbitration offers more procedural flexibility but often involves bespoke rules agreed between the parties. Court litigation demands full CPR Part 35 compliance, from directions through to joint expert statements. Because our surveyors have supported clients across all three forums, we tailor the depth, format and timing of our evidence to the procedure you are in, without ever compromising independence.
If you are involved in a construction dispute and need clear, independent expert evidence, we would be pleased to discuss your case in confidence. Contact Notting Hill Surveyors to speak with one of our chartered surveyors about scope, timescales and fees.