chapter  7
20 Pages

Role of expert witnesses in construction arbitration: delay and disruption and quantum issues

WithGideon E Kamya-Lukoda, Anthony J Morgan

This chapter focuses on the authors' experience in construction arbitrations, which is one of the available dispute resolution mechanisms. It explores the complex nature of construction projects and the resulting issues faced by expert witnesses in investigating the root causes and providing independent opinion, from the perspective of the authors' experience as delay analysis/planning experts. The chapter covers why an expert witness is needed in construction arbitration, focusing on the role of delay analysis expert witnesses, and the various delay analysis methods and techniques that they could use. It discusses the challenges of using the various delay analysis techniques, and the challenges that expert witnesses often face in the course of undertaking their instructions. The chapter concludes that expert witnesses, in their role of providing independent opinions based on the records made available to them and from their own analysis, must provide evidence that is both reasoned and reasonable.