Role of Experts in Construction Arbitration & Disputes

Role of Experts in Construction Arbitration
Construction disputes are highly complex, require urgent attention, and often involve multiple stakeholders. The investment is huge, the contracts are intricate, and in-depth knowledge is required to ascertain risk & liability. Due to a range of technicalities involved, such disputes essentially require the role of experts with the right skill set to enforce contractual enforcement & to establish claims.

Who is an Expert?

An expert may be any professional possessing a detailed understanding of the domain, in this case, the construction sector. Technical experts in the construction sector would include engineers, architects, researchers, or scientists. Besides this, financial & legal experts are also engaged by the parties or appointed by the arbitration board. These experts provide their professional opinion on the technical & financial matters and can translate the same in layman terms, easily understood by legal counsels & arbitrators. Such highly qualified experts are usually members of professional associations who abide by the code of ethics to impart impartial testimony.

Experts Testimony in Construction Disputes

Parties to large-scale construction arbitrations & disputes often appoint a range of experts to present their testimony on a variety of technical spheres. Such professionals present their widespread knowledge to back the evidence in the fields of delay, quantum, geotechnics, defects, or forensic accounting. Right from geo-forensics after a natural disaster like a landslide to delay experts who evaluate & quantify any prolongation claims, each expert plays an important role in successful claims settlements. Government Contract experts help in understanding the complexity & regulations related to such contracts and assist in the preparation of claims. Financial experts, with their extensive knowledge of business conditions, valuation practices, and business finance, are instrumental in assessing the quantum of damages or losses incurred due to contended breaches. With their wide-ranging knowledge, technical competence, & experience, the experts offer an independent & impartial view to help resolve the disputes. At times, when the tribunal is presented with conflicting expert evidence from both parties, it may appoint a third expert to view the matter.

Expert testimony is commonly a considerable cost driver in construction arbitration & disputes. Therefore, it is important to find the right expert and ensure that an efficient process is devised for handling & submitting such expert evidence. We, at Contract Square, with our large data pool of experts in various areas of construction arbitration & dispute, help you with the right experts to back your claims. Our experts diligently study your claims, perform the required analysis, prepare detailed reports, and present credible testimony before the tribunals to ensure significant awards against the claims. With the experience of over a dozen successful arbitration claims worth more than USD 70 million, we can assure you of the best services available in the construction claims and contract business. Besides the key cities in India, Contract Square has a global reach with offices in Indonesia & Singapore. Do connect with us @ for all kinds of assistance required in the speedy and successful settlement of claims.

  1. Delay in site handover.
  2. Delay in issue of engineering drawings.
  3. Delay in supply of resources- material, equipment, and services.
  4. Delay in decision making.
  5. Delay in acquiring permits & approvals.
  6. Delay in payment of bills & advances.
  7. Delay due to a change in the scope of the project.
  8. Delay due to a change in plans /design of the project.
  9. Delay due to subcontractor/ vendor/another agency.

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