Derek Nelson, Partner & Head of Expert Services, Europe at HKA, joined a panel of experts at the International Construction Claims and ADR Conference in Dubai in November 2022 who discussedExpert Evidence in Construction Disputes – Problems and Safeguards.
View the videos below to see the answers Derek provided to the prompted question.
Is the characterisation of experts as "hired guns" justified, and to the extent that it is, what safeguards can be put in place to ensure an experts' independence?
Do you think anything like the IBA guidelines, but for experts, would be helpful?
The issue of late appointments. Parties frequently appoint experts later in proceedings. What types of problems does that approach give rise to?
Does the expert become more of an expert or less as they become more entrenched in the role?
What types of safeguards can be put in place to ensure that experts give a full range of opinion on what they've been asked to give their expertise on?
Often various methodologies that can be applied to solve a problem can produce different results and that can increase costs. What type of steps can parties, lawyers, tribunals and experts take to try to reduce that?
