Highlights
Preface:
This example has been prepared to assist with the ability of students of Ara Institute of Canterbury to understand the base content of a Conferral Report and has been based on different situations.
Any names and identifying features have been removed and statements have been altered where they are not generic statements so that they do not reflect any actual current or prior case before the Courts.
Any commonality with a current or prior court case is coincidental and the Author and Ara Institute of Canterbury accept no legal liability for the information contained within these examples which have been prepared in good faith as an example.
May it please the Court:
1. We, Tim Taylor and Andy Smart, now provide our report to the Court.
2. We acknowledge that we have read the Code of Conduct for Expert Witnesses in Schedule 4 of the High Court Rules and agree to comply with it.
3. Our respective qualifications as experts are attached.
Scope of report
4. We have been asked to give our opinions about the cost of the proposed remediation work to the plaintiff’s property.
5. The proposed scopes of work have formed the basis of our opinion of the cost of doing the work to repair the property. The scopes do not detail precisely how to carry out the works. We have therefore costed methodology that we consider would be needed to carry out the scope. We have indicated in this report where we differ between ourselves as to the methodology required to perform the scope of works. Differing methodology results in a different costing.
6. We have indicated where we disagreed on the rates for doing the work and the reasons for our disagreement.
7. We confirm that the evidence and opinion which we give below concerning the issue/s is/are within our areas of expertise.
Duty to Confer
8. We confirm that we have:
(1) Conferred with each other to the extent we consider it necessary.
(2) Tried to reach agreement on matters within our respective field of expertise.
(3) We confirm that in conferring with each other, we have exercised independent and professional judgment, and have not acted on the instructions or directions of any person to withhold or avoid agreement.
Evidence
9. We have proceeded on the following facts and assumptions:
(1) Tim Taylor has costed the work based upon:
(a) Beam Deflect Engineers (BDE), Residential Damage Report and Repair Strategy, 1 June 2012;
(b) Smart Architects, Architectural Repair Strategy, 1 August 2012.
(2) Andy Smart has costed the work based upon:
(a) Strong Engineering (SE), Residential Damage Report and Repair Strategy, 1 February 2013;
(b) Sketch Architects, Architectural Repair Strategy, 1 March 2013.
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