Service
Construction Negligence Expert Witness for Professional Liability Claims
Independent evidence on whether architects, engineers, project managers and other construction consultants performed their services with the skill and care expected of them — for arbitration across the GCC and proceedings in the DIFC Courts, ADGM Courts, QICDRC and BICC.
- DIAC
- arbitrateAD
- SCCA
- QICCA
- BCDR
- DIFC Courts
- ADGM Courts
- QICDRC
- BICC
When a project goes wrong, the spotlight often turns to the consultants. Was the design adequate? Did the engineer supervise properly? Were certificates issued correctly? Was the cost advice sound? Did the project manager act on the warning signs?
Claims against construction professionals turn on a particular kind of evidence: what a reasonably competent professional in the same discipline would have done at the time, with the information then available. That is a question for an independent expert in the relevant discipline — and the answer has to be given without the benefit of hindsight.
We give independent evidence on the conduct of construction professionals, and on the technical and financial consequences of any shortfall. We act on professional liability disputes arising from buildings, infrastructure and energy projects across the UAE, Saudi Arabia, Qatar, Kuwait, Bahrain and Oman.
What a construction negligence expert witness does
A construction negligence expert is a professional in the same discipline as the consultant whose work is criticised, who gives independent opinion evidence on that consultant's performance. That means:
- Defining the services — what the consultant was appointed to do, under the appointment and in practice.
- Setting the benchmark — the practice reasonably expected of a competent professional in that discipline, at that time and in that market.
- Assessing the conduct — whether the consultant's design, advice, supervision, certification or management fell below that benchmark, judged without hindsight.
- Establishing technical causation — whether any shortfall caused the defect, delay or loss complained of, or whether it would have happened anyway.
- Assessing the consequences — in coordination with technical and quantum experts, what the shortfall cost.
“Whether a consultant is legally liable is for the tribunal or court to decide under the applicable law. Our role is to provide the professional and technical evidence on which that decision rests. Our overriding duty is to the tribunal or court.”
Professional liability issues we advise on
Design errors and omissions
Whether a design met the brief, the contract requirements and the codes and standards in force, and whether it was coordinated between disciplines.
Inadequate specification
Selection of products and materials that were unsuitable for the application or the Gulf environment.
Supervision and inspection
Whether site supervision and inspection were carried out to the standard required by the appointment, and whether defects should reasonably have been identified.
Certification and contract administration
The engineer's or contract administrator's role in valuing work, assessing claims, certifying payment and issuing determinations.
Cost advice and estimating
Budget estimates, cost plans and cost reporting that proved materially wrong, and whether the advice met the standard expected.
Project and programme management
Management of design, procurement and programme, and the response to emerging risks and delay.
Approvals and authority submissions
Handling of planning, building permit and authority approvals within the consultant's scope.
Design and build contractor's design
The adequacy of design carried out by or for a design and build contractor, and its consultants.
Negligence, defects and quantum: working together
A professional negligence claim usually rests on three linked pieces of evidence: what the consultant should have done, what went wrong physically, and what it cost. If those three do not align — for example, a loss that would have occurred whatever the consultant did — the claim is exposed.
We coordinate the professional practice evidence with the technical and quantum evidence, so that the tribunal can follow the chain from conduct, to consequence, to loss.
RelatedStructural Engineering Expert Witness →Construction Defects →Quantum Expert Witness →
How an engagement works
- 1
Conflict check and initial call
A short, confidential conversation about the project, the consultant and the criticisms raised. We complete a conflict check before receiving any documents — particularly important where the defendant is a firm in our own profession.
- 2
Scope and discipline
We confirm that the right discipline gives the evidence — an architect for architectural practice, a structural engineer for structural design — and agree the questions to be answered.
- 3
Records review
We review the appointment, the design and project records, correspondence and the contemporaneous information available to the consultant at the time.
- 4
Expert report
An independent report on the services, the expected standard, the consultant's performance and technical causation.
- 5
Joint meetings and the hearing
Meetings with the opposing expert, a joint statement of agreed and disagreed issues, 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.
View all GCC locationsSectors
- Residential and commercial towers
- Hospitality and mixed use
- Healthcare and education
- Infrastructure and transport
- Rail and metro
- Aviation
- Industrial and process
- Energy and utilities
Who we work with
For lawyers, in-house counsel and insurers
Professional liability claims need the right expert in the right discipline, applying the right benchmark without hindsight. We help identify the disciplines needed, test the criticisms early, and give evidence that maps to the pleaded allegations — whether you act for the claimant, the consultant or its professional indemnity insurer.
Discuss an instructionProfessional liability claims need the right expert in the right discipline, applying the right benchmark without hindsight. We help identify the disciplines needed, test the criticisms early, and give evidence that maps to the pleaded allegations — whether you act for the claimant, the consultant or its professional indemnity insurer.
Discuss an instructionWhat you receive
- An early, candid view of whether the criticisms are supportable
- Evidence from the right discipline, judged against the standard at the time
- A clear analysis of technical causation
- A clear, independent expert report the tribunal can follow
- A joint statement with the opposing expert that narrows the issues
- Clear, consistent oral evidence under cross-examination
Frequently asked questions
Need a construction negligence expert witness?
Tell us about the project, the consultant, the criticisms and the timetable. We'll complete a conflict check and come back to you promptly.
Discuss an instructionPlease do not send confidential documents until a conflict check has been completed.