CTR 11100 / CTR 11500: On the Role of the Expert Witness - Forensic Engineering

Internal Code: MAS6036

Forensic Engineering:

As a consultant civil engineer, you provided a technical report to clients whose dwelling had suffered subsidence damage. The clients made a claim against their home insurers based on your Report. Your recommendations, stipulating substantial underpinning work, were rejected by the insurers. They employed their own consultant civil engineer who recommended a cheaper solution and offered to settle the claim based on his recommendations. You were not convinced that this approach would be effective and advised your clients accordingly. As the insurers refused to pay for the work you recommended, the clients have had no choice but to sue the insurers and you have been instructed by their solicitors to act as their expert witness in the forthcoming court case. The insurers have retained their own consultant as their expert witness. He has been trying to persuade you to accept his findings so that the matter can be settled quickly at the lower figure and the expense and uncertain outcome of going to a full hearing of the evidence can be avoided. Questions: DISCUSS FULLY your professional duties both as a consultant and as an expert witness in the context of the above scenario.