Lawyer Monthly Magazine - July 2019 Edition

understand this requirement from the outset. However, some sub-contractors and SME contractors are still struggling to get this right. This might be due to financial and time commitments; however, it can cost them far more in the long run when they encounter a claim for which they need to prove entitlement and cannot. Whilst poor records may not mean that a claim will fail, it might mean that the lack of records restricts the ability for two quantum experts to make their own assessments and reach agreements for balance of probabilities and burden of proof. A party trying to demonstrate an entitlement should always support it through contemporaneous site records. What legal cases are you commonly instructed on? Out of these, which are easily avoidable if sufficient due diligence is conducted beforehand? I am currently instructed on various UK litigation, mediation, and adjudication matters whereby I have been appointed as a CPR part 35 expert. These matters range from disputes involving termination, breaches of warranties, damages due to delays and disruption, variation disputes, professional indemnity matters, and head office overhead claims. The types of projects span from multiple billion-pound skyscrapers to high-end residential refurbishment; from multi-million pounds new industrial estates to a couple of thousand pounds’ worth of motorway repairs — and complex civil engineering projects to new iconic sports stadiums. The type of projects I work on is varied across the construction and energy industries. I also undertake international appointments and I am currently appointed to act as a quantum expert on a process plant in Europe, and multiple commercial disputes in arbitration in the Pacific. On some of these engagements, I can see that earlier engagement of experts, particularly before serving proceedings, could have avoided some later cost. It is sometimes unavoidable that experts are appointed late and given a short duration to reach opinions, however, this is often not ideal. In terms of the reasons for the dispute, some of the projects had unrealistic timescales, budgets, and expectations from the beginning. In others significant changes in scope and non-transparency between the parties had contributed. These have subsequently escalated into large value disputes. LM Matthew Finn is a char- tered quantity surveyor and fellow of the Royal In- stitution of Chartered Sur- veyors (FRICS), chartered construction manager with the Chartered Institute of Building (FCIOB), member of Chartered Institution of Civil Engineering Surveyors (MCInstCES), and a fellow of the Chartered Institute of Arbitrators (FCIArb). He is also an accredited and practising expert witness and sits on various expert referral panels such as the RICS, the Academy of Ex- perts (TAE), and the Expert Witness Institute (EWI). He was recognised in Who’s Who Legal 2018 and 2019 in the construction experts’ category. Ankura is a business advisory and expert services firm de- fined by HOW we solve challenges. Whether a client is fac- ing an immediate business challenge, trying to increase the value of their company or protect against future risks, Ankura designs, develops, and executes tailored solutions by assembling the right combination of expertise. We build on this experience with every case, client, and situation, collaborating to create innovative, customized solutions, and strategies designed for today’s ever-changing busi- ness environment. This gives our clients unparalleled insight and experience across a wide range of economic, govern- ance, and regulatory challenges. At Ankura, we know that collaboration drives results. Ankura’s construction expert services are relied on by con- tractors, owners, architects, engineers, insurers, investors, lenders, and their counsel to avoid, manage, and mitigate execution risks throughout the lifecycle of capital projects. Ankura’s construction experts provide rigorous analysis of complex issues, presented through experienced testimony before tribunals and courts around the world. In May 2019, Ankura was recognised as Construction Expert Witness Firm of the Year by Who’s Who Legal. This award is a testament to the dedication of our global construction professionals, 22 of whom were recognised this year by the publication. Matthew Finn BSc Hons LLM FCIArb MCInstCES FCIOB FRICS MAE MEWI Director 55 Bishopsgate, 2nd floor, London , EC2N 3AS Main: +44 (0)20 7469 111 Direct: +44 (0)20 7398 3861 Mob: +44 (0)7500 946371 www.ankura.com MATTHEW FINN ABOUT ANKURA CONTACT JUL 2019 47 Expert Witness www. lawyer-monthly .com