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International Construction Law Review

EXPERT EVIDENCE IN CONSTRUCTION AND ENGINEERING CASES*

TÓMAS KENNEDY-GRANT

Chartered Arbitrator

experience n. About 1378, in a version of Piers Plowman : borrowed from Old French experience, learned, borrowing from Latin experientia, knowledge gained by repeated trials, experience, from experientem … to try, test … to go through … peritus experienced, tested ….”
expert adj. About 1384, very skilful, in the Wycliffe Bible; about 1385, experienced in, having experience of, in Chaucer’s Troilus and Crisyde … — n . before 1420, person wise through experience in Lydgate’s Troy Book .”
Chambers Dictionary of Etymology

1. THE ROLE OF THE EXPERT WITNESS IN CONSTRUCTION AND ENGINEERING CASES

The role of the expert witness in construction and engineering cases is the same as in any other type of case and there is, therefore, no need to dwell on it. As was recognised by the unnamed expert quoted by the first President of the Surveyors’ Institution (now the Royal Institution of Chartered Surveyors) in his inaugural address in 1868: the expert must be independent and impartial. That early statement of the expert witness’s role from a member of one of the professional institutions is recorded and commented on by one of his successors in office, Mr John A F Watson, CBE, in his Nothing but the Truth: Expert Evidence in Principle and Practice for Surveyors, Valuers and Others 1 as follows:
“The important distinction between the functions of the expert witness and the advocate was emphasized by Mr John Clutton, first president of the Surveyors’ Institution, more than a century ago. In his inaugural address he deplored a tendency observed in certain surveyors to impinge on the functions of the lawyer. I quoted his remarks 80 years later in my own presidential address to the Royal Institution of Chartered Surveyors (as the Surveyors’ Institution had since become) and I offer no apology for doing so again. ‘I


[2003
The International Construction Law Review

402

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