

EXPERT WITNESS
EXPERT EVIDENCE
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.
OUR SERVICE
As the Principal of CFPM Solutions, I provide expert witness service for matters involving programming and delay, and requiring analysis of causation and establishing causal link. I'm a forensic delay and disruption expert with over 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, and the Australian Standards.
I worked in matters involving forensic delay and disruption, as well as programming. Matters in international arbitrations and court cases.
With over 20 years of experience in time management and resolving delay, disruption and EOT claims, I find the time management skillset is invaluable for understanding the real issues in dispute and untangle the mystery of time, or as is sometimes called, the dark art.
EXPERT WITNESS
SHADY MIKHAIL,
BSc, LLM, FACICA, FCIArb, PMP, PSP
PRINCIPAL | CFPM SOLUTIONS
* Accredited Expert Witness & Panel Member;
* Masters of Laws, Construction Law and Arbitration;
* Bachelor of Civil Engineering;
* Accredited Expert Determiner & Panel Member;
* Arbitrator (Resolution Institute & ACICA);
* Registered Adjudicator (NSW, QLD & WA);
* Programming and Forensic Delay Analysis Expert.

