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EXPERT WITNESS SURVEYOR
AMS Surveys can help. Our RICS Regulated team can support you in moving past the issues obstructing your building or land, poor quality of work, breach of contract and housing disrepair by presenting the correct data and factual information to build your case. Consult our team based in Liverpool with national coverage to discuss where to start.
EXPERT WITNESS CPR PART 35 REPORTS FROM £4,250
AMS SURVEYS provides independent Expert Witness CPR Part 35 Reports for property, building and construction disputes throughout the UK. Our Chartered Building Surveyors work with a growing network of solicitors, providing clear technical evidence on matters including building defects, defective workmanship, water ingress, dampness, structural movement, repair liabilities, property condition and the reasonable cost of remedial works. We can be appointed directly by a claimant or defendant, instructed through their solicitor, or appointed as a Single Joint Expert where agreed by the parties or directed by the court. Although instructed by one or more parties, the expert’s overriding duty is to assist the court by providing objective, impartial evidence within their area of expertise.
Before committing to the additional cost of a formal CPR Part 35 compliant expert witness report, it may be appropriate to commission a preliminary inspection and technical report. This can provide an early understanding of the defects, likely causes, potential liability, remedial options and estimated repair costs, helping you and your solicitor assess the strength of your position before incurring further litigation expenses. Where court proceedings require expert evidence, the subsequent Part 35 report will be prepared in accordance with the Civil Procedure Rules, relevant Practice Directions and any directions issued by the court. Speak to AMS SURVEYS to discuss the dispute, the appropriate level of investigation and whether a preliminary report or formal CPR Part 35 Expert Witness Report is required.
WORDS FROM THE MANY CLIENTS WE’VE SUPPORTED
FROM PROPERTY DISPUTE TO COURT PROCEEDINGS
1. Obtain Legal Advice
When a property or construction dispute arises, you should seek independent legal advice from a solicitor experienced in property, construction or civil litigation. Your solicitor can advise on contractual obligations, potential liability, limitation periods, pre-action requirements and the evidence needed to support or defend a claim.
2. Preliminary Technical Assessment
A Chartered Building Surveyor can inspect the property, review the available documents and provide a preliminary technical report. This can help identify the nature and cause of the problem, the parties who may be responsible, the likely remedial works and the potential cost implications. A preliminary report can support early negotiations, mediation or settlement discussions, but it is not automatically a CPR Part 35 report suitable for use as expert evidence in court.
3. Formal Expert Instruction
Where formal expert evidence is required, the expert should receive clear written instructions setting out the issues to be addressed and the documents to be considered. The appointment may be made by one party, both parties as a Single Joint Expert, or in accordance with an order or direction issued by the court. When proceedings are underway, formal instruction should normally be coordinated with the appointed solicitor.
4. Inspection and CPR Part 35 Report
The expert undertakes the necessary inspection, investigations and document review before preparing an independent CPR Part 35 compliant report. The report provides reasoned technical opinions, identifies the evidence relied upon, explains any limitations and includes the required declarations and statement of truth. The expert’s duty is to the court, regardless of which party provided the instruction or pays the expert’s fees.
5. Court Directions and Further Evidence
The court may issue directions controlling the scope, format and timetable for expert evidence. This may include written questions to the expert, discussions between opposing experts, preparation of a joint statement identifying areas of agreement and disagreement, or attendance at a hearing to provide oral evidence. Your solicitor will advise you throughout the litigation process and ensure that the expert evidence is obtained and submitted in accordance with the applicable court directions.
DEALING WITH A DISPUTE CONCERNING YOUR COMMERCIAL PROPERTY OR DEVELOPMENT?
Grievances against your commercial development and property matters can present themselves in many forms, from disputes over land and boundaries to the disapproval of your building design. Whilst AMS Surveys must remain unbiased, our job is to help you reach an agreement or win your case, allowing your proposed plans to go on.
In instances where disputes must be handled in a court, developing an airtight case is imperative in seeing your success. By delivering objective advice, independent and compliant reporting, and expert evidence, all of which a judge would expect, our goal is to help you achieve your goals. Contact our teams for our opinion on your situation and utilise our experience to take the next step.
HELPING YOU WITH DISPUTES ABOUT YOUR HOME
Issues involving the home can be complex, especially for those who share walls and land borders with disgruntled neighbours. We have many years’ experience gathering technical evidence and formulating reports to help you overcome boundary and defect disputes, housing disrepair, landlord and tenant, builder, and party wall matters, giving you the evidence and facts needed to exercise your rights and fight your case. By offering an impartial, objective opinion, we can shine a light on the options available to overcome the problems faced and the routes to resolution needed to conduct your proposed plans legally.
HERITAGE BUILDING WORKS
Grade 2 listed buildings and other historical properties usually have very specific requirements. Combined with their presence within the community, developers can often experience backlash when announcing plans for changes and other building works. With extensive knowledge of the area of heritage management and planning, we have the level of expertise to help you overcome any problems that arise, helping you demonstrate the advantages of your plans with structural surveying and concise reporting to share with all parties concerned, particularly where there is poor quality or inappropriate building work carried out. We are here to help.
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