Flashcards in The possible roles of a surveyor as an expert witness and/or an advocate of RICS guidance Deck (8)
What is the key RICS GN for conflict avoidance and DR and what is the aim of the GN?
RICS GN – Conflict Avoidance and Dispute Resolution in Construction
Identifies key areas surveyors should understand in respect of avoiding conflict and resolving disputes
Expert Witness – What is a key Guidance Note?
RICS Surveyor as an Expert Witness – Practice Note (Mandatory Requirement) and Guidance Note (best practice)
What is an Expert Witness?
Someone with knowledge, skill, education and experience in a specialised field, who is appointed
by one of the parties in a dispute to assist the tribunal on the topic within their expertise
Who is an expert witness' primary duty to?
Primary duty of an expert witness is to the tribunal, not the client
What must an expert witness' evidence be?
Be independent and unbiased
State the facts and assumptions their evidence is based upon
Remain impartial and uninfluenced by those who appointed them
If a surveyor is appointed as an expert witness, what steps must they carry out?
Advise their client the RICS Practice Note will apply
Supply their client with a copy of the RICS Expert Witness client guide
Notify client that their agreed CHP will not apply as their duty is to tribunal, not client
Check no COI arises – surveyors may be instructed by their clients to act as EW and their evidence to the tribunal may conflict with their client’s perspective
Ensure there is a written record of their appointment as an EW
What is the RICS Expert Witness Accreditation Service (EWAS)?
Developed by the RICS DR Service after Jones v Kaney, which established it is possible to sue expert witnesses if they are negligent