Advice and Assistance
Our experienced staff can provide advice and recommendations to clients who are preparing or contesting a claim in respect of extensions of time or delay & disruption. Our role can include assistance in preparing the claim.
Roger Gibson is an experienced Adjudicator and has received many appointments from Nominating bodies such as The Technology and Construction Solicitors’ Association (TeCSA) and The Construction Industry Council (CIC).
With our wealth of experience we can also provide assistance to a party in Adjudication.
Arbitration is a formal process similar to litigation but where the hearing is in private in front of a nominated third party, the arbitrator, who makes a binding decision. The arbitrator is not a court judge but rather an industry-specific expert or otherwise a well-qualified individual who both parties agree is suitable for resolving their dispute.
Arbitration is a legally based process that involves much of the procedure and type of argument that occurs in a court trial. However, arbitration is private. Like a court trial, it is concerned much more with fair treatment of the parties involved than achieving a precise legal agreement. With our wealth of experience we can provide assistance to a party involved Arbitration.
These days many construction and engineering industry disputes are resolved through adjudication or ADR. However, litigation in the Court still plays its part.
With our wealth of experience we can provide assistance to a party involved in Litigation.
In extension of time and delay & disruption disputes we may be instructed to act for one party to a dispute. Another Expert would be approached by the other party. Both Experts would produce separate Expert Reports. The Court would then generally instruct both Experts to hold a “Joint” meeting to narrow the issues (if indeed there are differences) and thereafter issue a “Joint” Report confirming the points agreed and those points which are not agreed.
Our Principal, Roger Gibson, has received many appointments as an Expert Witness.
Single Joint Appointed Expert
In some disputes we can be instructed as a ‘Single Joint Expert’ (SJE); such instructions are usually requested by the Judge hearing the case. The parties agree on an SJE who will prepare a Report on the issues. The Report is addressed to the Judge, and the cost of the Report is usually shared 50/50 between the parties.
By using this approach, the process is much simplified, compared with the process described under ‘Expert Witness’, and the costs are greatly reduced.
Expert Determination is a form of Alternate Dispute Resolution (ADR) in which an expert is appointed to decide on an issue within their technical expertise.
Roger Gibson and his team have the experience to carry out Expert Determination appointments.