Please find below a summary of our Expert Witness service for construction related matters. If you require any further information, or if you have any questions please contact us.
KEY OBJECTIVES
To provide an impartial service in accordance with New Zealand High Court Rule r 330A - Schedule 4.
The benefits of our services include:
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Significant experience in all building construction types, including commercial, educational, aged care, industrial and residential construction
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Academic qualifications that combine with our practical experience to demonstrate our capability and understandingof the complex issues surrounding most building disputes
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Excellent command of the English language and the ability to articulate opinions in a clear and precise manner
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Clear understanding of the legal procedures relating to Court and alternative Dispute Resolution processes
PREAMBLE
Expert witnesses are appointed either by the Plaintiff or the Defendant in Court proceedings, generally following the recommendation of their legal counsel. For alternative dispute resolution proceedings, such as arbitration, adjudication and mediation, the Claimant and Respondent may each appoint their own expert, often on the recommendation of their legal counsel, but the giving of evidence by the expert may result from natural progression if an investigative report has been prepared for either party by the expert.
In other circumstances, the expert may be appointed by the tribunal to assist with the decision-making process. This procedure is relatively common for disputes that have been referred to the District Court Disputes Tribunal for resolution. The function of the expert in these circumstances is to provide specific independent advice to the decision-maker.
APPOINTMENT OF THE EXPERT WITNESS
The expert witness is directly employed by a party to provide evidence relating to the dispute.
A consulting agreement is prepared that clearly defines the relationship between the expert and his client.
The High Court rules will form part of the employment conditions and impose restrictions and responsibilities on the expert.
FUNCTION OF THE EXPERT
In addition to the responsibilities by the High Court Rules the expert may assist its client to understand the contractual relationship surrounding the dispute, to provide advice on the remediation process, or to provide advice on other matters such as the selection of other experts for specific specialist advice, or to assist with the planning involved in the presentation of the case. The over-riding responsibility of the expert however, is to provide assistance to the tribunal and to remain impartial.
The common functions performed by an expert witness in a building dispute are:
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Inspect the premises and report on its condition, including the taking of samples as necessary and undertaking any forensic investigation works if any element failure is present
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Prepare a detailed and reasonable investigation report which includes a summary of the contractual relationship at the time of construction, a history of the works, a detailed report of the inspection, an analysis of the issues giving rise to the investigation, conclusions and appended photographic references as appropriate
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Provide further advice relating to the report as required, including assistance with the design of remedial solutions if required.
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In conjunction with the client's appointed legal counsel, prepare a statement of evidence for presentation to the other parties to the dispute and for use at any hearing or proceedings that may follow
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Provide assistance as required with the interpretation of the statements of evidence prepared by the appointed experts for the other parties
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Attend any hearing and present the expert evidence and provide further clarification by way of cross-examination by the other parties or their legal counsel
CONFIDENTIALITY
The expert witness is in a contractual relationship with their client, is required to maintain privacy and will not divulge any information relating to the dispute or the affairs of their client to the media or others not involved in the process without first obtaining specific permissions to do so. If necessary, the expert should be prepared to sign a confidentiality agreement or a specific statement of confidentiality to the proceedings.