What is an Expert Witness?

“An expert witness… is a witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally rely upon the witness’s specialised (scientific, technical or other) opinion about an evidence or fact issue within the scope of his expertise…”

Expert witnesses have their place in the fields of construction and civil engineering where disputes that cannot be resolved amicably end up in court.

In construction, expert witnesses may be highly qualified in “many types, fields and phases of construction including codes and compliance; construction defects; accidents, investigations and safety; roofing; plumbing; project management; underground pipelines and cables, and more. They provide litigation support through analysis of facts and documents, field inspections, destructive testing, cost estimates, delay claims analysis and reporting, depositions and court testimony.”

These specialists are able to offer invaluable advice on subjects like construction claims, accidents, and building errors.

Civil engineering consultants on the other hand are able to provide insights into disputes around issues like flood control, transportation, traffic, grading, drainage, water supply, sewer service, electric and communications supply, among others.

Professionals such as these offer representation in various dispute forums, and offer their services as expert witnesses for arbitration and litigation. They are also able to accept appointments as expert witnesses relating to issues like quantum, delay and disruption, forensic planning and programming.

Where construction and civil engineering disputes require the input of expert witnesses, their evidence is “restricted to that which is reasonably required to resolve the proceedings”. The main responsibility of the expert witness then becomes to help the court and overrides any obligation to his client or employer.

In selecting an expert witness, it is important to find one who is honest, reliable and preferably with a proven track record in court.