Different positions. One standard of measurement.
The Baker Accordia mark is two offset strokes referenced to a single datum. Parties rarely agree, but their positions can be tested against the same contract, the same records and the same professional standard.
Four commitments in every instruction.
I · Independent
The overriding duty is to the tribunal, not to the instructing party. Conflicts are checked against all parties before acceptance. Any prior role on the project or connection with a party is disclosed before instruction and recorded in the report so the tribunal can weigh it.
II · Evidence-led
Opinions are built from the contract, the records and site evidence. Facts are separated from opinion. Where records run out, assumptions are listed and their effect on the conclusion is explained. Documents requested but not provided are recorded.
III · Proportionate
Scope is matched to the value and complexity of the dispute. Whole-account review, category testing or sampling is agreed in advance, with the limits of each explained, so costs stay predictable and the report says what it does and does not cover.
IV · Clear
Reports are written to be read by lawyers and decision-makers, not just surveyors: short conclusions first, numbered findings, and schedules that can be followed and checked. Formula-bearing spreadsheets accompany every valuation.
From first call to signed report.
- Conflict check and initial callA short, no-cost conversation to understand the dispute, the forum, the parties and the questions the expert is being asked to answer. Conflicts are checked before any detail is discussed.
- Written terms and scopeRole, questions, documents required, fee basis, timetable and the limits of the opinion are confirmed in a letter of instruction and terms of engagement before work begins.
- Documents and siteThe contract, pricing documents, applications, valuations, certificates, instructions, drawings and correspondence are assembled. Site is inspected where the works or defects need to be seen.
- AnalysisThe valuation or assessment is built against the contract and the record, using the testing approach agreed. Findings are checked and the schedules are built so that every figure can be traced.
- Draft and reviewWhere the role permits, a draft is issued for comment on factual accuracy and completeness of instructions. The opinion itself is not negotiable.
- Report, joint statement and hearingSigned report with Statement of Truth and expert's declaration, followed by meetings of experts, joint statements, written questions and oral evidence where required.
What the practice will not do.
Independence stated as rules is easier to test than independence stated as a value.
- Accept a fee that depends on the outcome of the case, in any expert role.
- Act as advocate for the instructing party, or let a report be edited to improve a party's position.
- Act for both sides of the same dispute, other than as a properly appointed Single Joint Expert or neutral.
- Accept an instruction before a conflict check across ClystCore Ltd and Baker Accordia is complete.
- Give an opinion outside the field of quantity surveying and construction cost, or on questions of law.
- Omit an adverse finding, an assumption, or a document that was requested and not provided.
- Describe accreditation or panel status the practice does not yet hold.
The rules the work is done to.
- Civil Procedure Rules Part 35 and Practice Direction 35
- Guidance for the Instruction of Experts in Civil Claims (Civil Justice Council)
- RICS practice statement and guidance note: Surveyors acting as expert witnesses
- RICS Rules of Conduct and the RICS regulation of ClystCore Ltd
- Pre-Action Protocol for Construction and Engineering Disputes
- Housing Grants, Construction and Regeneration Act 1996 as amended, and the Scheme for Construction Contracts
The practice uses its own terms of engagement, with separate versions for expert adviser, dispute adviser, party-appointed expert and Single Joint Expert roles. See Terms of engagement.
Discuss an instruction in confidence.
Early conversations are without obligation and treated as confidential. Conflicts are checked before any detail of the dispute is discussed.