Having practised construction law for nigh on 25 years I have observed that possibly the greatest risk in construction litigation concerns the viability of expert testimony. I am not in a “club of one” when expressing this view, fellow partners Justin Cotton and Stephen Smith well known construction lawyers who practise cross jurisdictionally are of like mind. Further support for this proposition is found in a recent Supreme Court Decision in Victoria where the Judge stated that “an independent and impartial adviser can be invaluable to a party facing the prospect of a substantial and costly dispute, but so too can a dedicated partisan expert fighting for the best outcome for his instructing party be equally valuable”.
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