Expert Witness Journal Issue 64 December 2025 - Flipbook - Page 29
Beyond technical skill, independence, and clarity,
the most e昀昀ective experts understand that their
personal credibility is on the line. This means
being honest about the limits of their expertise,
transparent in their methods, and consistent in their
professional conduct. Reputation matters: an expert
known for balance and integrity is more likely to
have their evidence accepted.
Contract Price vs Actual Costs
A common issue in construction disputes is the
di昀昀erence between what was priced in the contract
and what was spent. Some claims rely on allowances
said to have been included in the contract price, while
others are based on later recorded expenditure. A
careful analyst does not simply accept these 昀椀gures
at face value but tests whether the sums were truly
included, whether they are reasonable, and whether
they represent genuine costs arising from the
breach.
Conclusion
The qualities of a good expert go far beyond
technical knowledge. Independence, thorough
preparation, attention to evidence, clear reasoning,
fairness, communication skills, and sound judgment
all combine to create testimony that assists rather
than confuses. When these qualities are missing,
even highly quali昀椀ed experts’ risk having their
evidence set aside. In construction disputes, where
the stakes are often high, the best experts are those
who not only understand the detail but also deliver it
with clarity, balance, and professionalism.
In London School Board v Northcroft, Son &
Neighbour (1902), hidden discounts and allowances
distorted the true value of accounts. Clear separation
of contract price and actual costs avoids in昀氀ated or
misleading claims. Such separation also ensures
that damages re昀氀ect commercial reality rather than
accounting devices.
Avoiding Duplication
Another risk is duplication, where the same
cost is claimed under di昀昀erent headings such as
prolongation, disruption, or variations. Overlapping
claims can result in double counting, which tribunals
will not accept.
In British Westinghouse Electric Co Ltd v
Underground Electric Railways Co of London
Ltd (1912), the House of Lords con昀椀rmed that
losses must be balanced against gains and that
awards cannot amount to a windfall. By extension,
duplication between claims must be identi昀椀ed and
removed. Analysts who demonstrate clearly how
each 昀椀gure has been derived, and who show that no
item is counted more than once, provide evidence
that is far more likely to withstand scrutiny.
PROMONTORY CONSULT UK LTD
CONTRACTS MANAGEMENT, QUANTITY SURVEYING,
DELAY ANALYSIS, AND DISPUTE RESOLUTION EXPERTS
Practical Judgment and Clarity
At Promontory, we have a team of experts with extensive experience in contracts
management,
Finally, good experts exercise practical judgment.
They consider alternative ways of assessing loss
and reach conclusions that are realistic rather than
speculative. Their purpose is to assist the tribunal,
not to overwhelm it, which is why their reports are
clear, structured, and accessible.
quantity
surveying,
expert
witness,
delay
analysis,
and
dispute
resolution. We have worked with clients in a variety of industries, including energy,
offshore wind, marine, oil and gas, infrastructure, transportation, and building. Our
team has the knowledge and experience to provide you with the guidance and
support you need to succeed.
Promontory
offers
expert
witness
services
to
clients
involved
in
construction,
engineering, and infrastructure projects. Our team of experienced professionals has
a deep understanding of the legal and regulatory framework governing construction
disputes and works closely with our clients to ensure that their interests are protected
In CIB Properties Ltd v Birse Construction Ltd
(2005), where the court was faced with competing
expert evidence on construction defects and costs.
The judge criticised one expert’s lengthy, technical
report for being “opaque and unhelpful” and placed
greater weight on the opposing expert’s more
straightforward and accessible analysis. The case
highlights that clarity and practical judgment often
carry more weight than complexity or volume.
Professionalism and Credibility
during all stages of the dispute resolution process.
As expert witnesses, we provide our clients with objective and independent
opinions on matters related to construction disputes, including but not limited to:
Delay and disruption claims
Quality of workmanship claims
Contract interpretation
Cost claims
Defective design claims
Industry standards and practices
Contact: Promontory Consult UK Ltd
Tel: (London Office) +44 (0)7591 16 61 42 - Alt Tel: +44 (0)7938 85 15 26 )
Mobile: +44 (0)7771 992653
Email: t.patrick@promontoryconsult.com - Alt Email: info@promontoryconsult.com
Website: www.promontoryconsult.com
Address: Unit 711 JQ Modern, 120 Vyse St, Hockley, Birmingham, B18 6NF
Alternate Address: Unit 752 JQ Modern, London, SW1W 0AU
Area of work: Nationwide and Worldwide
EXPERT WITNESS JOURNAL
26
DECEMBER/JANUARY 2025-2026
