Fourteenth International Conference on The Constructed Environment

Abstract

Disputes are common in the complex realm of the construction industry, leading to considerable delays, cost overruns, and legal battles. Expert witnesses play a crucial role in aiding the resolution of these disputes by providing impartial and specialized insights. The construction industry in Scotland has been witnessing a surge in disputes, ranging from technical disagreements over design and implementation to contractual and scheduling conflicts. Such disputes can significantly hinder project progress and affect stakeholders’ financial interests. As a result, the need for expert witnesses has intensified, as they are tasked with delivering expert opinions to the court or arbitrators, helping them make informed decisions. The paper presents a qualitative investigation of the role of expert witnesses in the resolution of construction disputes in Scotland, addressing the efficacy of their contributions and the methodologies employed to arrive at expert opinions. This study adopted a mixed-method approach, combining qualitative interviews with a sample of 25 experienced expert witnesses, legal professionals, and construction industry stakeholders, along with an analysis of relevant legal cases. The preliminary findings reveal that expert witnesses significantly influence the resolution process by offering specialized insights, technical knowledge, and objective assessments. Their reports serve as valuable evidence, leading to more informed decisions and often promoting out-of-court settlements. The study’s findings hold substantial implications for the construction industry as a whole. By highlighting the pivotal role of expert witnesses in construction dispute resolution, stakeholders are encouraged to engage in proactive dispute avoidance and resolution strategies.