WHAT IS EXPERT EVIDENCE?
Experts are those who are retained by the client through solicitors to advise upon a disputed matter, and who are subsequently instructed to give expert
evidence by way of a written report and/or oral evidence.
The expert is simply a witness, although in a special category, and his particular skill and expertise may be persuasive so as to assist the court by explaining technical / scientific matters, so that the court fully understands the essential facts and matters in issue, and this is the fundamental function of the expert.
Courts have recognized the role of the expert witness as in Davie v. Edinburgh Magistrates (1953):
'to furnish the judge with the necessary scientific criteria for testing the
accuracy of their conclusions, so as to enable the judge or jury to form their own independent judgment by the application of these criteria to the facts proved in evidence'.
Hence, most important of all is that the expert owes an overriding duty to the court which underlines the need for experts to be independent and impartial.
As the Principal of CFPM Solutions, I'm a forensic delay and disruption expert with 20 years of planning and scheduling experience. I have experience in all profiles of construction projects: high rise towers, mixed use developments, light rail, civil infrastructure, wind and solar farms, LNG jetty.
Furthermore, I have experience in different forms of contract including FIDIC, NEC4, Australian Standards.
I worked in matters involving forensic delay and disruption, as well as programming. Matters in international arbitrations and court cases.
With 20 years experience in time management and resolving delay, disruption and EOT claims, I find the time management skillset invaluable for understanding the real issues in dispute and untangle the mystery of time, or as sometime is called, the dark art.