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BSA Chesters Ltd - Chartered Building Surveyors 37 High Street, Long Crendon, Bucks HP18 9AL Registered In England No: 3961563. VAT Registration No: 348 7032 46 Tel: 01844 208300 Fax: 01844 208447 or email us by clicking here
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Legal and Expert Witness Unfortunately some building projects end with litigation by one party against another. The contractor may be litigating to obtain payment from the employer and the employer may be counterclaiming by demonstrating that the work carried out by the contractor is not to an acceptable standard. At some point in the proceedings both parties are likely to require an expert to give an opinion upon the standard of the completed work. This expert may eventually be required to give evidence in court, should litigation proceed. Other types of dispute where we can assist are boundary and property disputes. However we have some free words of advice concerning all boundary disputes - "Don’t have one!". On most occasions we are instructed by the solicitors acting for one of the parties involved, but there is no reason why we should not be approached by the client direct. More recently we have been appointed to act as single joint expert, due to changes in Civil Procedure Rules. It is essential to realise that the primary duty of an Expert Witnesses is to the Court and he must not give evidence that is biased towards the instructing client. The Expert’s opinion must be honest and he must not be influenced by those paying his fees. If all Experts lived up to this standard, very few cases would end up in the courtroom, and much expense would be saved by both parties. |
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