The role of a Quantity Surveyor (QS) in an arbitration as a special witness can be significant, as they have specialized knowledge and expertise in the area of construction costs, contracts, and disputes.
A QS can provide expert testimony on the cost of the project, the scope of the works, and any variations to the contract. They can also provide testimony on the cost implications of any delays or disruptions that occurred during the project and any additional costs incurred. They can also provide testimony on the calculation of any claims made by the parties in relation to the project. This can include analyzing the cost data, and providing an opinion on the reasonableness and fairness of the claims.
Additionally, a QS can also provide factual testimony, if they have been involved in the project and they can provide first-hand information about the work that was done, and any issues that arose during the project.
In addition to providing testimony, a QS can also assist in the preparation of a report, which can be used as evidence in the arbitration. This report can include a detailed analysis of the cost data and a breakdown of the claims made by the parties. It can also include recommendations for resolving the dispute.
Moreover, a QS can also assist in the negotiation of settlements by providing cost estimates and projections, and helping the parties to understand the financial implications of different settlement options.
It is important to note that the QS should be impartial and unbiased and should not be influenced by the parties, and their testimony should be based on their professional opinion and the facts of the case. They should also be familiar with the laws, regulations and guidelines that govern the arbitration process, and with the rules of evidence that apply to the case.
In conclusion, the role of a Quantity Surveyor in an arbitration as a special witness is significant, as they have specialized knowledge and expertise in the area of construction costs, contracts and disputes. They can provide expert and factual testimony, assist in the preparation of a report, and assist in the negotiation of settlements. They should be impartial, unbiased and should be familiar with the laws, regulations and guidelines that govern the arbitration process, and with the rules of evidence that apply to the case.
Lawyer/Arbitrator/Mediator/Certified Islamic Arbitrator and Expert
Honorary Fellow IICRA –UAE