Service

    Construction Defects Expert Witness for Defects Claims and Disputes

    Independent evidence on what is defective, who is responsible and what it will reasonably cost to put right — for arbitration across the GCC and proceedings in the DIFC Courts, ADGM Courts, QICDRC and BICC.

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    • DIAC
    • arbitrateAD
    • SCCA
    • QICCA
    • BCDR
    • DIFC Courts
    • ADGM Courts
    • QICDRC
    • BICC

    Defects disputes are rarely about a single problem. They usually involve dozens or hundreds of items — some serious, some cosmetic, some disputed as defects at all — spread across several trades, designers and suppliers. Each item raises the same questions: Is it a defect? What caused it? Who is responsible? What is the reasonable remedy, and what does it cost?

    Answering those questions for every item, consistently and proportionately, is what decides a defects case. Without a disciplined approach, a tribunal can be buried in photographs and lists, and the real issues get lost.

    We bring structure to defects claims. We categorise and prioritise the items, coordinate the specialist disciplines needed, establish cause and responsibility on the evidence, and give clear opinions on rectification scope and cost. We act on buildings, infrastructure and industrial projects across the UAE, Saudi Arabia, Qatar, Kuwait, Bahrain and Oman.

    What a construction defects expert witness does

    A construction defects expert gives independent opinion evidence on alleged defects in construction work. That means:

    • Defining the defect — comparing what was built with what the contract, the drawings, the specification and the applicable standards required.
    • Establishing cause — distinguishing design, workmanship, materials, products, maintenance and use, and identifying where more than one cause contributed.
    • Allocating in technical terms — identifying which party's scope each defect falls within, to support the legal allocation of responsibility.
    • Assessing the remedy — whether the proposed rectification is necessary and proportionate, or amounts to betterment.
    • Valuing the work — the reasonable cost of rectification, investigation and temporary measures, in coordination with the quantum expert.
    • Managing volume — schedules that let the tribunal see, item by item, what is agreed and what is in dispute.
    “Our overriding duty is to the tribunal or court, not to the party who appoints us.”

    Defects issues we advise on

    Defects schedules and Scott schedules

    Building and responding to item-by-item defects schedules, so each party's position on each item is clear and the issues narrow.

    Defects notified during the defects period

    Disputes over defects notified during the defects notification or maintenance period, the contractor's obligation and opportunity to remedy, and the cost where the contractor did not.

    Latent defects

    Defects that emerge after completion and handover, including whether they were reasonably discoverable earlier.

    Workmanship defects

    Poor installation, incomplete work and non-compliance with the specification and approved details.

    Design-related defects

    Defects caused by design errors, omissions or unsuitable specifications, coordinated with design specialists.

    Product and materials failures

    Defects arising from failed or unsuitable products and materials, linked to our product and materials evidence.

    Building services defects

    Defects in mechanical, electrical, plumbing and fire systems, coordinated with services specialists.

    Rectification scope and betterment

    Whether the proposed remedy goes further than required to put the defect right, and the cost of reasonable alternatives.

    Employer's costs of rectification

    Claims for the cost of having defects remedied by others where the contractor has not, including investigation costs and disruption to occupants.

    A coordinated defects team

    Large defects claims cross several disciplines: building pathology, structural, façade, building services, materials and quantum. Evidence from each discipline has to fit together, or gaps open between them.

    We coordinate the technical experts and the quantum expert so that each defect is diagnosed by the right discipline, the remedy is technically endorsed, and the cost reflects that remedy — giving the tribunal one coherent picture.

    RelatedBuilding Pathology →Structural Expert Witness →Quantum Expert Witness →

    How an engagement works

    1. 1

      Conflict check and initial call

      A short, confidential conversation about the project, the alleged defects, the parties and the timetable. We complete a conflict check before receiving any documents.

    2. 2

      Scope and letter of instruction

      We agree the questions to be answered, the disciplines needed, the documents and access required, and the programme and fee basis.

    3. 3

      Triage and sampling strategy

      For large claims, we categorise the items and agree a proportionate approach — which items to inspect individually and where representative sampling is appropriate.

    4. 4

      Inspection and investigation

      Site inspections, opening-up and testing where required, carried out jointly with the opposing expert under an agreed protocol where possible.

    5. 5

      Expert report and schedules

      An independent report and item-by-item schedule setting out each defect, its cause, the responsible scope and the reasonable remedy and cost.

    6. 6

      Joint meetings and the hearing

      Meetings with the opposing expert, a joint schedule of agreed and disagreed items, and oral evidence at the hearing.

    Independence and professional standards

    Our evidence is prepared to meet the expectations tribunals and courts place on experts in the region, including:

    • the IBA Rules on the Taking of Evidence in International Arbitration (2020), where adopted;
    • the CIArb Protocol for the Use of Party-Appointed Expert Witnesses in International Arbitration;
    • the procedural rules of the relevant arbitral institution, such as the DIAC 2022 Arbitration Rules; and
    • the expert evidence requirements of the DIFC Courts, ADGM Courts, QICDRC and BICC.

    Every report includes a declaration of independence and a statement of the expert's duty to the tribunal or court.

    Where we act

    Arbitration

    Institutional and ad hoc arbitrations across the GCC, including DIAC (Dubai), arbitrateAD (Abu Dhabi), SCCA (Saudi Arabia), QICCA (Qatar), BCDR (Bahrain), KCAC (Kuwait) and OAC (Oman), as well as ICC and other international rules with a GCC seat or GCC project.

    Offshore courts

    DIFC Courts (including the Technology and Construction Division), ADGM Courts, the Qatar International Court and Dispute Resolution Centre, and the Bahrain International Commercial Court.

    Where we act: independent expert witness services in arbitration across the GCC and in the DIFC Courts, ADGM Courts, QICDRC and BICC. We do not provide expert evidence in onshore court proceedings.

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    Sectors

    • Residential and commercial towers
    • Villas and communities
    • Hospitality and mixed use
    • Retail and fit-out
    • Healthcare and education
    • Infrastructure and transport
    • Industrial and logistics
    • Energy and utilities

    Who we work with

    Defects claims can quickly become unmanageable. We help you structure the claim or defence, agree a proportionate inspection and sampling approach, and produce schedules and evidence that map each item to the pleaded case against each party.

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    What you receive

    • An early, candid view of the defects and the likely allocation of responsibility
    • A proportionate inspection, sampling and testing strategy
    • An item-by-item defects schedule the tribunal can navigate
    • Clear opinions on cause, remedy and reasonable cost
    • A joint schedule with the opposing expert that narrows the issues
    • Clear, consistent oral evidence under cross-examination

    Pillar guide · 30 min read

    Structural Disputes in the GCC: The Complete Guide

    How structural design disputes and failures are investigated and proven in GCC arbitration and the offshore courts.

    Read the guide

    Frequently asked questions

    Need a construction defects expert witness?

    Tell us about the project, the defects, the forum and the timetable. We'll complete a conflict check and come back to you promptly.

    Discuss an instruction

    Please do not send confidential documents until a conflict check has been completed. Where possible, record defects before rectification starts. If a defect raises a safety concern, contact the relevant authority and a qualified engineer without delay.

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