The Relevance Of Experts In Construction Arbitration

There are three main types:

• Delay Experts – Analyze schedules, determine causes and impacts of delays.
• Quantum Experts – Assess financial claims, including cost overruns and damages.
• Technical Experts – Evaluate engineering or construction-related technical issues.

Experts can be:

• Party-Appointed – Selected by one of the disputing parties.
• Tribunal-Appointed – Selected by the arbitral tribunal for neutrality.
• Selection criteria include qualifications, experience, independence, and subject expertise.

They assess project schedules to identify delays affecting the critical path and evaluate entitlement to extensions or compensation.

Quantum experts focus on the financial dimensions of a dispute, including additional payments, disruptions, and cost evaluations.

They are required when disputes involve engineering principles, construction methods, or compliance with standards, especially in technically complex issues.

They:

• Clarify technical and financial matters.
• Provide independent, objective opinions.
• Support claim evaluations.
• Prepare joint reports identifying points of agreement/disagreement.
• Assist during cross-examination.
• Advise on industry best practices.

Joint reports highlight where experts agree or differ, helping tribunals focus on key contested issues for faster resolution.