introduction to expert services

The Global Leader in Managing Construction Risk ™

Expert Services:

Toby Hunt Senior Vice President


The Expert’s Role

• The Advising Expert.

• The Testifying Expert.

• Dispute Avoidance.

• Dispute Management.

• Dispute Resolution.


The Advising Expert

• Acting as advisor prior to the appointment of the expert witness:

– Assist legal representatives with calculating/appraising delay, disruption and quantum

– Assist the legal team with case plan and statement of case/defence

– Assist legal representatives appraising settlement offers

– Assist legal representatives with further information requests/replies

– Attending document disclosure inspection

• Acting as Advisor post appointment of Expert Witness:

– Appraise expert reports, prepare critique and draft questions

– Assist instructing parties counsel with identification of issues for cross examination of expert witnesses


The Testifying Expert

• When acting as Expert Witness the overriding duty is to the tribunal.

• Main tasks:

Investigation of Claims

Review Methodology

Review of Evidence

Inspection of Documents

Report Preparation

Without Prejudice Meetings

Clarification / Consolidation of Issues

Expert Testimony


What do dispute resolvers require of experts generally?

• Familiar with the relevant Rules and associated directions

• Objective.

• Well qualified / Knowledgeable / Up to date.

• Able to work well under pressure, and appropriately resistant to pressure from those instructing him.

• Able to consider all the material comprehensively and select the relevant from the irrelevant.

• Alert to the merits and deficiencies of the expert’s chosen approach, and able to explain why the chosen approach is superior to, or no worse than, rival methods.

• Able to respond quickly to developments in the case, including during the hearing on the merits.

• Logical and Consistent. • Able to apply the relevant standards to the facts.


Testifying experts: Summary

• The standard to be expected of the expert, properly, is high. • Clients and their legal representatives should not seek out malleable

experts. • The good expert will have sound opinions but will not be opinionated. • He will be confident, robust, knowledgeable, consistent, creative,

inquisitive, and motivated to trace a problem down to its essential components. He will search for gaps, hypothesise about missing material, and explore justifiable answers.

• The dispute resolver should be able to trust and rely on the soundness, honesty, integrity and objectivity of the expert. If he does, he will very likely reflect the expert’s opinions in his decision; if he does not, the expert’s opinions may simply be ignored.


The Expert’s Role: Summary

• Advising Experts likely to be relevant to avoiding disputes, testifying experts to resolving them.

• Whilst the skills required may be similar, the points of emphasis may be different.

• So also may be what the client, as opposed to the tribunal, wants from the expert.

• Either way, early advice is sensible.


• Clients see Experts’ fees as part of their legal costs

• Clients judge their lawyers’ performance on the performance of the whole team – including Experts

• There are still too many disputes where the end result does not justify the total costs

• Detailed/accurate cost planning and estimating is an essential part of the dispute resolution management process

• Expert’s/consultant’s Fees are an essential and usually significant element of the cost planning/estimating process

Commercial Reality


• World’s largest construction claims consulting firm

• Over 100 Testifying Experts worldwide

• Expert disciplines include Quantum, Delay, Disruption, Project Management,

Buildings Defects, Professional Competence, Engineering, Accounting,

Procurement, Duty of Care, Design & Construction and General Management.

• Experts based in UK, Australia, Hong Kong, Singapore, Dubai, Abu Dhabi, Qatar,

Oman, South Africa, Brazil, Canada, Germany, Romania, Spain, Greece, Turkey, USA

and the Caribbean.

• Language capabilities of testifying Experts include English, French, German,

Portuguese, Spanish, Greek, Italian, Russian, Arabic.

A little about Hill


Most importantly we seek to add value in our service delivery:

1. Identify the role

2. Locate the relevant Hill expert

3. Secure the appropriate brief

4. Plan, communicate and manage the expert work

5. Deliver a quality, cost effective service

Our Approach