What Went Wrong? The Anatomy of Failed Landscape Projects
A series of articles, each following a similar format, where genuine court claims are examined using notes and reports produced under Civil Procedure Rules for use by the judge will be published to show the logic behind the failure.
They will show the methods employed in obtaining essential unbiased professional opinion to prove the reason for the failure and allow fair reparations to be made.
Each case highlights not just what went wrong, but why. The series examines genuine landscaping failures drawn from real disputes that have proceeded to court.
Each article will have a heading, beginning with separate project context, describing the nature and style of work, what the report showed on the day of inspection including observable failures, and subsequent invasive analysis of the foundations upon which the project was constructed.
Expert witnesses are obliged to make their assessments based on Industry Best Practice or British Standards as applicable or commonplace at the time of construction. They will follow – where possible – the written specification produced by a contractor to establish if the works as built, match the wording of any documentation (if any).
All projects shown have been subject to a survey by an accredited expert witness (EW) who has been commissioned by one or more party to examine the site and produce a court’s compliant report for the advice of all concerned.
Expert witnesses are bound to follow strict protocol, which calls for a written set of instructions from the instigator known as The Brief. No matter who pays for the commission, the EW is obliged to work as an independent inspector, not as an advocate for any party.
Expert witnesses do not decide under which Law a case may be dealt with. These are matters for the court, and will usually be subject to The Consumer Rights Act 2015 (which affords customers six years within which to make a claim), or The Defective Premises Act 1974 (which is more specialised)
The person making a claim is known as the Plaintiff, and the other party is known as the Defendant. Even if the defendant files a counterclaim, they both retain their original status to prevent any confusion as a case progresses through the Court’s system.
This introduction will serve as the foundation for all of the articles, and should be read in conjunction with them to avoid unnecessary repetition.
Articles
- Step Failures (Design & Construction) Risers and Treads
- Porcelain Paving Issues – Laying and Pointing
- Natural Stone Paving – Laying and Pointing
- Decking including Composite Materials – Construction and Design
- Resin Bound Driveways
- Asphalt Driveways
- Block Paving & Setts including Natural Materials
- Terraces & Mezzanines – Design Defects
- The Importance of Levels and Falls in Paving Projects
- Paving Sub-base Failures & Consequences
- Air-Bricks and Damp Proof Course Violations
Each will be illustrated with at least one anonymised illustration. Each will be a stand-alone feature. Each will have a full description and analysis as to why the project failed.
Statement of Truth
Expert Witnesses are bound by Law to comply with legal rules, including ending each report with the following Statement of Truth.
I confirm that I have made clear which facts and matters referred to in this report are within my own knowledge, and which are not.
Those that are within my knowledge, I declare to be true.
The opinions I have expressed represent my true and complete professional opinions on the matters to which they refer.
I understand that proceedings for contempt of Court may be brought against anyone who makes, or caused to be made, a false statement verified by a Statement of Truth without an honest belief in that truth.
Signed (Expert Witness)
The series is intended to show the methodology and working practices that are followed by expert witnesses in their surveys. It will not show any remediation proposals or recommend any resolutions, as this is not the remit of an expert witness (unless specifically requested by a judge or solicitor).
If you wish to learn more regarding correct construction techniques, please see other articles in Paving Site Online, especially the A to Z of Domestic Paving and Associated Works.
We hope that candid nature of these articles will prove useful to all specifiers and readers.
