Expert Witness Services
I act as an independent Expert Witness on matters of construction delay, disruption, critical path and programme-related issues.
I am an Accredited Expert Witness with The Academy of Experts and a Member of the Academy (MAE). My work includes the preparation of independent expert reports, meetings and joint statements with other experts, and the provision of oral evidence in international arbitration and other formal dispute proceedings.
My opinions are based on the contemporaneous project record, appropriate forensic analysis and clear explanation of the reasoning supporting my conclusions.
The role is distinct from that of an Expert Determiner. As an Expert Witness, I provide independent opinion evidence to assist the tribunal or other decision-maker; I do not determine the dispute.
1. Independence and Duty
An Expert Witness has a different role from a consultant or advocate acting in support of a party's commercial position.
When appointed as an Expert Witness, my responsibility is to provide independent, objective and properly reasoned opinion evidence within my field of expertise. That responsibility applies irrespective of which party has appointed or instructed me.
I distinguish between fact, assumption and opinion, identify material limitations in the available information and explain the basis upon which my conclusions have been reached.
The applicable duties and procedural requirements will depend upon the forum, jurisdiction and terms of the appointment.
2. Expert Reports
I prepare independent expert reports addressing delay, disruption and programme-related issues in construction and engineering disputes.
Depending upon the matters referred, this may involve consideration of:
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project programmes and updates
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critical and near-critical path development
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delay causation and the effect of particular project events
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concurrency and mitigation
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the programme and time consequences of disruption
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the reliability of programme and progress records
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competing delay analyses or expert opinions
The analytical approach adopted will depend upon the questions referred, the available project records and the circumstances of the case. Reports are prepared in accordance with the applicable procedural rules, tribunal directions and terms of appointment.
The report should provide a clear explanation of the analysis undertaken, the evidence relied upon and the conclusions reached, allowing the reasoning to be understood and properly tested.
3. Meetings of Experts and Joint Statements
Meetings between experts can play an important role in narrowing the issues that remain in dispute.
I engage professionally with opposing experts to identify areas of agreement and disagreement, examine differences in methodology or factual assumptions and distinguish genuine technical disagreement from matters that can properly be resolved between the experts.
Where required, I participate in the preparation of joint statements recording matters agreed and setting out the reasons for any continuing differences of opinion.
The purpose is not to defend a party's case, but to assist the tribunal by identifying the technical issues that genuinely require determination.
4. Oral and Concurrent Evidence
I have experience giving oral expert evidence in international arbitration and responding to cross-examination on complex programme and delay issues.
Oral evidence requires the analysis and conclusions contained in an expert report to be explained clearly and directly, including in response to detailed questions concerning methodology, project records, assumptions and causation.
I may also participate in concurrent expert evidence or other tribunal-directed procedures where experts are required to address particular technical issues together.
In each case, the underlying responsibility remains the same: to provide independent evidence within my field of expertise and assist the tribunal in understanding the technical matters before it.
5. Forensic Basis of Expert Opinion
My expert opinions are grounded in the contemporaneous project record and an analytical methodology appropriate to the particular dispute.
Where significant volumes of information are involved, I use structured digital review and analytical tools to organise programme records, progress information and contemporaneous documentation, test competing factual propositions and identify material relevant to the expert opinion.
The purpose is not to apply a particular delay methodology mechanically, but to use an analytical approach appropriate to the questions being considered and the evidence available.
Further information on these analytical approaches is provided on my Forensic Delay & Disruption Analysis page.
6. Working with Legal Teams
Expert appointments commonly involve close coordination with counsel, instructing solicitors and other legal advisers.
This may include clarification of the technical issues requiring expert opinion, identification and review of relevant project records, consideration of opposing expert evidence and participation in procedural stages directed by the tribunal.
The distinction between legal argument and expert opinion remains important throughout. My role is to provide independent technical opinion within my field of expertise, while legal advisers address questions of law and advocacy.
7. Expert Witness Appointments
Appointments may arise in international arbitration or other formal dispute-resolution proceedings and may be made by claimants, respondents or, where appropriate, jointly by the parties.
Before accepting an appointment, I consider the issues requiring expert opinion, the proposed scope of instruction, the parties and advisers involved, potential conflicts of interest, the procedural framework and whether the matters referred fall properly within my expertise.