There is no denying the fact that construction projects are incredibly complicated to their very nature. It is perhaps the primary reason for going through strict scrutiny at the time of conflicts and disputes. It is obvious that if the value of the project is higher, it surely has augmented monetary value. Therefore, the claim value is decided by the project owner in the same way to get compensation for damages.
The reasons might be the time extensions, shortage of resources or unforeseen conditions. However, disputes in the construction industry are considered highly sensitive matters. The scope and significance are clear because highly skilled project planners, engineers and contractors devise project designs and construction procedures. However, any dispute arises in the project inevitably raise fingers on the credibility of the professionals.
Background
The input from a diverse range of disciplines is required for success in construction-related disputes. It involves civil, geotechnical, structural and financial experts to collect evidence and other detail. However, the role of delay and quantum expert is highly critical because they have to deal with different issues occur from administration, managerial, environmental or financial aspects.
Nevertheless, it is imperative to narrow the scope of this article to gauge the role and responsibility of quantity surveyor. Why? Because every project requires investment and it’s about saving the capital from getting waste owing to any reasons or construction cause.
No doubt, when it comes to the litigation or arbitration proceedings, the role of expert witness becomes significantly crucial. Presently, the experts are bearing a heavy burden owing to the sensitivity of matters and resolving problems based on multiplicity.
Legal Clauses for construction dispute Arbitration Proceedings
The Articles 203 to 218 of Federal Law No. 11 of 1992 in the Civil Procedural Law governs the Arbitration in the UAE.
A few people are of the view that the present laws regarding arbitration are not designed comprehensively to grasp every construction dispute. However, the involved parties usually make their reference in the arbitration clause to institutional arbitration rules and procedures.
Further, as the past of an ad hoc scenario, the arbitrators of the construction industry often get help from the UNCITRAL Arbitration Rules (2010). While considering the use of an expert in arbitration proceedings, the DIFC-LCIA Arbitration Rules at Articles 20 and 21; the DIAC Arbitration Rules (2007) at Articles 27 to 30 and the UNCITRAL Arbitration Rules (2010) at Articles 27 to 29 are used in the UAE.
Which Issues Require the Involvement of Expert Evidence?
It goes without doubt that construction projects can cover a wide range of issues starting from technical to financial. Therefore, experts are generally retained in delay, valuation, quantum, geotechnical and forensic accounting, etc.
However, in the realm of delay disputes, recent amendments have been made owing to soaring debates and arguments. It is because a few people think that the involvement of the quantum expert in arbitration proceedings can help to decide the disputes effectively while others don’t think so.
However, individuals dealing in construction projects must understand that the legal authorities always require industry experts. It is because they can help the arbitrators and litigation officers to understand problems to the core of its root.
Therefore, getting active support from the expert advisors will surely help you to enable the lawyers and deciding authority to consider possible chances of success or failure. It is because legal professional may know the law, but they usually lack in detailed comprehension of construction matters.
Takes Away
To sum up, the construction projects require higher designs and construction skills as compared to other industries tasks and activities. Therefore, detail-oriented skills are essential to planning, program, design and monitor projects.
It clearly exhibits that conflicts arising in the capital projects are in dire need to consider critically. For this, proper evaluation of performance and project accomplishment should be done through technically sound and practically experienced professionals.
After an analysis of the construction, disputes claims resolves procedures in the UAE, the assistance from a quantum expert is highly suggested. It is because expert advisors can help you in devising evidence reports to estimate accurate financial results for a particular issue.
However, don’t forget to consider peaceful resolve before going for the arbitration proceedings.
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