How Can an Expert Witness Assess Works Completed Years Ago?
The Consumers Rights Act 2015 gives purchasers a period of six years to make a claim for faulty or defective works, irrespective of any other warranty that a company may offer as part of its’ sales promotion. With so many new products, materials and recommended working techniques being introduced over the past few years, how can anyone make a fair assessment on the quality or longevity of a construction project after a few years of installation? Surely, this must be an unfair situation for any contractor who has no control over a scheme once handed over to the customer?
In order for a report to be accepted by a Court in a dispute case, the author/assessor must be an accredited member of a regulatory body, such as The UK Expert Witness Register. Each member is vetted and approved by independent solicitors and work under a strict protocol known as Courts Procedure Rules, following a formulated pattern, signed off with a Statement of Truth, which affirms that the author makes clear which facts and matters referred to in the report are within their own knowledge, and which are not.
This is very important, as the expert witness works using either British Standards or Industry Best Practice as their guide, together with any written contracts and specification provided by the Plaintiff or Defendant, to establish if the ‘Promised’ has been ‘Delivered’.
The expert will also take other factors into consideration, including the length of time since completion, amount of likely use and – importantly – what measures have been taken to protect or maintain the feature/s in dispute. For example, if a fence or pergola has been neglected, with no sign of preservative, the report will state that fact.
Account is also taken to the use the recommended instructions provided by the suppliers or manufacturers at the time of installation. For example, porcelain paving laid in 2019 that was not installed using a modern slurry will not be judged as though it was laid since the new BS7533:101 standard came into force in 2024, or before slurrying became the recommended method of installation.
Any such points are clearly described in the report, noting that the assessment was made using those methods recommended at the time of installation. (For this reason, we recommend that all documentation, including instructions provided by the supplier are retaining for at least six years, as an insurance policy against any future dispute claims).
Expert witnesses are totally independent, no matter who pays for the report. They act as the eyes and ears of the Court, and are not biased or partisan in any way. There are only a very small number of accredited expert witnesses offering their services as experts in landscape construction.
