Expert Witness Evidence in Construction Disputes
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October 05, 2026
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This article first appeared in the Construction Law Review 2026-2027. The entire publication is available at: Expert Witness Evidence in Construction Disputes - Construction Law Review 2026-2027
The construction industry draws on a diverse range of professional disciplines, so disputes frequently involve overlapping technical issues. Tribunals therefore rely heavily on the independent opinion of experts.
The expert's role is to provide the tribunal with specialist, independent and unbiased evidence within their field of expertise. Under the Civil Procedure Rules, the expert's duty to the court overrides any obligation to the party that instructs or pays them.
Four challenges recur regardless of the forum. Experts are often appointed once proceedings are underway and the timetable is already fixed, as can be seen in statutory adjudication meaning the responding expert may have far less time than the opposing expert. Opposing experts may adopt an adversarial approach and instructing parties may encourage an expert to adopt a specific position or restrict the scope of the instruction.
Experts who focus on how they can assist the tribunal, with a focus on early engagement, clear instructions and access to all relevant information support will result in more efficient dispute resolution, reduced costs and better-informed decision making.
Printed with permission from Construction Law Review 2026-2027. All rights reserved.
The views expressed herein are those of the author(s) and not necessarily the views of FTI Consulting, Inc., its management, its subsidiaries, its affiliates, or its other professionals.
Published
October 05, 2026
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