Building surveyors are often engaged to provide expert evidence to tribunals where their experience, knowledge and professional expertise is appropriate. In doing so the surveyor must be able to act impartially with no conflict of interest, nor be engaged to provide evidence under any success-based fee arrangement.
14th February 2022
David McTear MRICS
Building surveyors are often engaged to provide expert evidence to tribunals where their experience, knowledge and professional expertise is appropriate. In doing so the surveyor must be able to act impartially with no conflict of interest, nor be engaged to provide evidence under any success-based fee arrangement.
In most circumstances, expert surveyors are engaged to provide written evidence in the form of an expert witness report, although they may also be called to give oral evidence at a tribunal. In doing so the expert witness has a role to assist the tribunal in giving impartial and objective advice, separating fact from opinion, within the area of their expertise. The role of an expert witness is entirely different from that of an advocate.
An expert witness may be required to communicate with the other party to a dispute in order to clarify, narrow or resolve the differences between the parties.
In certain circumstances, a Single Joint Expert may be appointed by a tribunal, ensuring matters are dealt with fairly, expeditiously and to minimise cost.