Within the construction industry, counsels of litigant parties or the litigant themselves do not consider it necessary to call upon the services of an expert in the field. Disputes within the UAE construction industry, have become more frequent and complex due to the complexity of the industry itself.
Considering the number of parties involved in the process; architects, consultants, civil engineers, owners, subcontractors, the importance of a delay expert becomes more evident.
Considering the resources that are tied up and the huge sums of money involved, a thorough study of the aspects is required when determining issues. Also, the assessment of issues and drawing conclusions becomes difficult in the absence of an expert.
Delay experts are an essential part of any construction claims and their resolution as they work with both parties to formulate a solution that fair to all parties involved.
Why Do Claims Require The Advice Of Experts?
In different accidents, the expert’s verdict holds grave importance. Courts and juries need to have an expert’s opinion before they come up with decisions. Even the most basic of accidents requires an expert to weigh in before the authorities can make a decision.
Construction claims and its resolution is a complicated procedure despite which experts are not given their due importance. In some cases, the testimony assists in the clarification of certain technical aspects of the case and provides clear facts that can help make a decision.
Other times both parties can benefit from the participation of the expert in the earlier stages of the dispute and can resolve issues with negotiations and without the need four in court rulings.
The presence of lawyers on your team, makes you want to question how having an expert on your side can benefit you?
The most important reason for hiring an expert is the unbiasedness with which they handle your case. Not only do experts take their responsibility seriously but they work with you to point out any weaknesses and do not provide any optimism that is undue.
The earlier the expert is called to interfere, the more clarity he can bring to the case with a meaningful contribution. Pertaining to the case, experts need to have access to all the facts, those that are in favor of the appointing party’s position but especially those that aren't.
The expert isn't meant to be working alone. They should be collaborating with legal councils which work to inform the expert about the legal aspects of their client's positions. Regardless of the course of action to resolve claims, experts are critical players that prepare and present claims.
Experts have critical roles in the quantification of damages incurred by claimants which call for a detailed delay analysis and cost calculation of the impact.
Experts are essential in claims as they allow a proper definition of the elements of dispute, and provide an unbiased view, and an opinion that is independent of all the parties, and is a great way to determine how strong a case will do in court. In addition, the experts specialise in the determination delaying scenarios and the costs involved.
Role Of Experts In Litigation
The role of an expert may be limited to providing consultations to the legal parties, but they may also be called to testify. In case they are just being consulted, experts are to allow claim evaluation or participate in negotiation settlements out of court.
If however, the dispute reached the courts, the lawyers may ask for their assistance in the preparation and presentation of the claim. Since they are expert witnesses in courts, their efforts are focused on assisting both arbitrator and the judges in understanding the technicalities of the dispute verbal and in written.
When selecting the right expert for a claim it's important to determine whether they will be asked to testify, expert witnesses possess certain qualifications that may not be a requirement in the case of consultants.
A consultant requires an in-depth comprehension of the technicalities of the claim based on which they should be able to form an opinion. In addition, a consultant should be able to present with confidence the weakness in front of the counsel.
An expert is supposed to have the abilities mentioned above along with the ability to convey his opinion and testimony in laymen terms. In addition, they should be courteous, humble and quick-witted.
Regardless of the party that they represent, experts possess the essential experience-based knowledge and an unbiased approach towards their client's perspective. It's critical to work on strengths and weaknesses and to highlight each to provide a clear perspective on where a party stands.
Choosing the best delay expert for the job is essential. Any wrong choice you make may cause irreparable damage to the final result!