Disputes in construction are, unfortunately, a fact of life. From disagreements over costs and delays to defects and contractual obligations, projects can quickly become contentious. When they do, the stakes can be high – financially, legally, and reputationally.
This is where the role of an expert witness becomes essential. By providing clear, impartial, and technical insight, an expert witness helps courts and legal teams make sense of complex construction matters. We have the ability, experience and knowledge to regularly act as expert witnesses, supporting fair outcomes in disputes where specialist knowledge is critical.
What is an Expert Witness?
An expert witness is an independent professional with specialist knowledge who is instructed to give opinion-based evidence to the court. Their role is not to act as an advocate for either party, but to explain technical detail, industry standards, and professional practice in a way that supports informed decision-making.
Key responsibilities include:
- Preparing detailed written reports for court proceedings.
- Explaining technical or contractual matters in plain, accessible language.
- Attending hearings to present evidence and respond to questions.
- Remaining completely impartial – regardless of who instructs them.
At WCP our Experts have the experience to provide ‘weight’ to facts, assumptions, and opinions in our Part 35 Compliant Expert Witness reports (also known as CPR 35 Compliant). These reports are prepared for use by the court in making decisions around areas outside of its own expertise.
The principal duty of our Experts is to the court. Our knowledge underpins independent thinking which is not influenced by those who are instructing and ensures that our Expert evidence is objective, reliable and unbiased.
When Might You Need an Expert Witness in Construction?
Expert witnesses are commonly instructed in disputes such as:
- Contractual disagreements over costs, variations, and payments.
- Delays and extensions of time, where the cause and responsibility are disputed.
- Defects in design, workmanship, or materials, where technical investigation is required.
- Dilapidations and property maintenance disputes, often between landlords and tenants.
Our recent cases have included:
- Issues relating to poor construction techniques.
- Disputes around failure to maintain a property.
- Investigations into and confirmation of latent defect causation.
In each scenario, the presence of an expert witness helps to ensure that judgments are made on the basis of facts, not assumptions.
What Makes a Good Expert Witness?
Being an expert in construction is not enough; an expert witness must also:
- Demonstrate independence and impartiality.
- Communicate clearly, translating complex technical issues into plain English.
- Provide robust, evidence-backed opinions.
- Understand legal procedures and the requirements of Part 35 reports.
How We Can Help
With our deep knowledge of building pathology, cost management, and surveying, WCP is uniquely positioned to provide expert witness services that stand up to scrutiny. Our reports carry authority, our independence ensures objectivity, and our experience across a wide range of disputes allows us to support legal teams with confidence.
Expert witnesses play a vital role in helping courts resolve construction disputes fairly and effectively. At WCP, we combine technical expertise with impartial judgment, ensuring our evidence is robust, reliable, and always in service of the court.
Need clear, independent advice in a construction dispute? Contact Wilkinson Cowan Partnership to discuss how our expert witness services can support your case.