The possible roles of a surveyor as an expert witness and/or an advocate of RICS guidance Flashcards Preview

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Flashcards in The possible roles of a surveyor as an expert witness and/or an advocate of RICS guidance Deck (8)
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1

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

2

Expert Witness – What is a key Guidance Note?

RICS Surveyor as an Expert Witness – Practice Note (Mandatory Requirement) and Guidance Note (best practice)

3

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

4

Who is an expert witness' primary duty to?

Primary duty of an expert witness is to the tribunal, not the client

5

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

6

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

7

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

8

What does the RICS Expert Witness Accreditation Service (EWAS) ensure?

Ensures that registered expert witnesses are:
- Appropriately experienced in the subject matter
- Trained and assessed by RICS
- Subject to RICS DRS quality control regime

RICS EWAS raises standards in a sector that was not previously subject to quality control by a professional body