Expert evidence from a Chartered Quantity Surveyor on quantum, defects and negligence.
Written and oral evidence for the courts, arbitration and adjudication on the value of works, the cause and remedy of building defects, and the standard of care of construction professionals, prepared to CPR Part 35, CrimPR Part 19 and the RICS practice statement.
Party-appointed expert, Single Joint Expert or expert adviser?
The role shapes the duties, the privilege position and the form of the report. Each is confirmed in the terms of engagement before any work starts.
Party-appointed expert
Instructed by one party but owing an overriding duty to the court or tribunal. The report sets out the instructions received, the documents relied on, the facts and assumptions, the range of opinion where it exists and the reasons for the conclusions reached.
Suitable for litigation in the TCC and County Court, arbitration and adjudication where the value and complexity justify separate experts.
Single Joint Expert
Instructed by both parties, usually on the court's direction, to give one opinion on the issues in dispute. Instructions are received from both sides, communications are copied to both, and written questions are answered under CPR 35.6.
Common in lower-value residential building disputes where a single, proportionate opinion on remedial cost or final account value lets the parties settle or narrows the issues for trial.
Expert adviser
Sometimes called a shadow expert. Advice to one party and its legal team on the strengths and weaknesses of the quantum case, the questions to put to the other side's expert, and the evidence that would need to be found. No report is served and the work remains privileged.
Useful at an early stage, before deciding whether a formal expert is needed, or alongside a party-appointed expert on a larger matter.
Instructions to date.
| Year | Forum | Matter | Role |
|---|---|---|---|
| 2026 | Adjudication (Construction Act) | Alleged overpayment on a two-dwelling residential scheme under a JCT Prime Cost contract; whole-account reconciliation of applications, certificates, bank receipts and source records. | Independent QS report for the responding party, instructed by solicitors |
| 2026 | County Court (pre-issue) | Water ingress to a terraced house attributed to adjoining-owner defects; inspection with moisture testing and drone survey; causation and party-structure evidence. | CPR Part 35 report, instructed by solicitors |
| 2026 | Pre-action | Post-extension defects to a rural bungalow: render failure, roof and balcony junctions, drainage; scope and reasonable cost of remedial works. | Expert adviser report for homeowners, CPR 35 structure |
| 2026 | Crown Court | Disputed value of building works following a guilty plea; valuation evidence for sentencing. | Expert report, instructed by the prosecuting authority |
| 2026 | Adjudication-stage advisory | Advisory note on payment history, certificate finality and valuation methodology prior to the formal independent report above. | QS dispute adviser, instructed by solicitors |
| 2026 | Post-contract dispute support | Interim application review and payment-notice advice on a 12-unit residential development following conclusion of the contract administration appointment. | QS dispute adviser to the employer |
Matters are anonymised to protect confidentiality and privilege. An expert CV with full appointment history is available to instructing solicitors on request.
What can a quantity surveyor expert witness give evidence on?
Value of the works
Measurement and valuation of works executed, variations, provisional sums and prime cost items against the contract sum and pricing documents.
Applications, notices and overpayment
Whether sums applied for were due, whether payment and pay less notices were valid, and whether the paying party has paid more than the works were worth.
Cause and remedy of building defects
Inspection and diagnosis of water ingress, damp, render and roof failures and defective workmanship, with the scope and reasonable cost of putting them right. More on defects and survey disputes.
Standard of a reasonable surveyor, QS or contract administrator
Whether a Home Survey, valuation inspection, certificate, cost advice or payment administration met the standard of a reasonably competent practitioner, what should have been found or done, and the loss that flowed if not. Diminution in value is referred to a Registered Valuer.
Disputes between adjoining owners
Water ingress, shared roofs and chimneys, party structures and boundary works between neighbouring properties: cause, responsibility in building terms, and cost.
Prolongation and disruption
Assessment of time-related costs, head office overheads and the financial consequences of delay, working with a delay expert where one is appointed.
Reinstatement and repair cost
Cost of reinstatement or repair following damage, and whether the sums claimed or offered are reasonable for the works required.
Evidence for prosecuting authorities
Independent assessment of the value and quality of building works for prosecuting authorities under Criminal Procedure Rules Part 19, including evidence for sentencing hearings.
A report that can be followed and checked.
Every report follows the same structure so that lawyers, tribunals and opposing experts can find what they need: a short summary of conclusions, the instructions and the issues, the documents reviewed, the facts and assumptions relied on, the analysis and the opinion, and the Statement of Truth and expert's declaration.
Schedules are supplied as accessible spreadsheets with the formulae visible, not as flattened tables, so that every figure can be traced back to the record it came from.
Also available
The following are offered as additional services, scoped and charged separately where instructed:
- Meetings of experts and agreed joint statements under CPR 35.12
- Answers to written questions under CPR 35.6
- Oral evidence at trial, hearing or adjudication meetings
- Review of the opposing expert's report and advice on points for cross-examination (party-appointed and adviser roles only)
Basis of charging
Time-based at an agreed hourly rate, with a written estimate once the documents and questions are known and a cap where the client wants one. Fixed fees can be agreed for Single Joint Expert work where the scope is well defined. Hearing attendance is charged by the day. Fees are never contingent on outcome, in any expert role.
Where the work is done, and the rules it is done to.
Forums
- Technology and Construction Court
- County Court (fast and multi-track)
- Crown Court (prosecution instruction)
- Arbitration (CIArb, LCIA, ICC rules)
- Adjudication (Scheme, TeCSA, RICS, CIArb)
- Mediation and expert determination
Contract forms
- JCT Minor Works, Intermediate, Standard, Design and Build
- JCT Prime Cost and Home Owner contracts
- NEC3 and NEC4 ECC and ECS
- FIDIC (international instructions)
- Bespoke and letter-of-intent arrangements
- Informal and oral residential contracts
Standards
- CPR Part 35 and Practice Direction 35
- CJC Guidance for the Instruction of Experts
- RICS Surveyors acting as expert witnesses
- RICS Rules of Conduct
- Pre-Action Protocol for Construction and Engineering Disputes
- Housing Grants, Construction and Regeneration Act 1996 and the Scheme
Dispute types
- Final account and valuation
- Interim payment and notices
- Overpayment and true value
- Building defects and water ingress
- Neighbour and adjoining-owner disputes
- Professional negligence of surveyors, QS and contract administrators
Instructing a construction expert witness.
When should an expert be instructed?
Earlier than most parties expect. An expert adviser at the pre-action stage can tell you whether the quantum case stands up before costs are committed. A formal expert is normally instructed once directions are given or the forum is confirmed, so the report can be shaped to the questions the tribunal has permitted.
What does a report cost?
Fees are time-based at an agreed hourly rate, with an estimate given once the documents and the questions are known. For Single Joint Expert work with a well-defined scope a fixed fee is often possible. Court or hearing attendance is charged at a daily rate. Fees are never contingent on the outcome. The estimate and the basis of charging are set out in the terms of engagement before work begins.
Can you act if you have worked on the project before?
Sometimes. A prior role does not automatically prevent an expert appointment, but it must be disclosed to the instructing parties and to the tribunal, and the expert must be satisfied that independence is not compromised. Where it is, Chris will say so and, if asked, suggest another expert.
Do you take instructions outside the South West?
Yes. The practice is based in Exeter and takes instructions across England and Wales. Most work is document-based; site inspections and hearings are attended wherever they are held.
Which standards do you follow?
Civil Procedure Rules Part 35 and Practice Direction 35, the Civil Justice Council Guidance for the Instruction of Experts in Civil Claims, and the RICS practice statement and guidance note Surveyors acting as expert witnesses, and Criminal Procedure Rules Part 19 in criminal proceedings. Work is carried out under the practice's own 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.