Summer issue 2015

Abstract

Expertise, experts and expert evidence are key aspects of dispute avoidance and dispute resolution in complex construction matters, and so I have focused some attention on these topics. I am grateful to Roger Gibson and Gerry Lagerberg for their respective contributions. Mr Gibson is a wellrespected delay expert, and his article covers how best one can assess the impact of disruption and so-called ‘loss of productivity’. Mr Lagerberg’s paper deals with the so-called ‘hot tubbing’ of experts and the co-mingling of expert evidence. We have also chosen to look at case law dealing with the ‘battle of the forms’; engineers’ decisions as a precursor to arbitration or litigation; and the problems of letting another party handle or borrow your name for the purposes of litigation or arbitration. These are all important topics, and ones that I hope readers will also find to be of interest, use and a reference point.