Forensic construction


A term widely used to refer to the application of science to decide questions arising from disputes at law.


Denotes the building of structures such as a house, road, or bridge but it may also refer to the way in which something has been built, especially with regard to the type and quality of the design, materials, and workmanship.

Forensic construction

A term which may be used to describe the application of science to decide questions arising from legal disputes over the way in which structures such as: a house, road, or bridge has been built; especially with regard to the type and quality of the structure, materials, and workmanship. It may more broadly apply to the preparation of evidence by experts in construction technology and practice in any form of formal dispute resolution. Usually this involves the formulation of expert evidence in litigation, arbitration and adjudication and to giving written or oral expert testimony to the tribunal or court.

Papers on Forensic Construction

Alternative (Construction) Dispute Resolution (ADR)

Expert determination, mini-trials, concilliation and mediation

Applicable Law

The law of contract, substantive law and proceduaral law

Benefits of Construction Dispute Resolution by ADR

Litigation or ADR, Civil Procedure Rules, The Value of ADR in Litigation, Where is ADR Likely to be Most Beneficial

Claims & Construction Dispute Resolution Procedures

Recourse to law, recovery of cost, proportionality, dispute resolution procedures

Concurrent delay in building work

Causes of delay, Remedies for concurrent delay, overlapping delays, disruption to progress, delays to completion

Construction & Engineering Disputes

Pre-action protocol for construction and engineering disputes: compliance, objectives and practice.

Construction Dispute Resolution by Adjudication

The Housing Grants, Construction and Regeneration Act 1996, the Scheme for Construction Contracts and the Local Democracy, Economic Development and Construction Act 2009

Construction Dispute Resolution by Arbitration

Origins of arbitration and arbitral procedures

Construction Dispute Resolution of Design Issues

Design intent, adequacy of design documents and on site design


Breach of contract, remedy, assessment of loss

Delay and Disruption

Disruptions to Progress, Delays in Completion, Completion Dates, Non Critical Delays to Progress, Where Time is of the essence

Duties of an Expert Witness

The role of an expert and the expert witness

Expert Determination

Construction Dispute Resolution by Expert Determination: binding and non-binding expert determination

Forensic Construction

The application of expertese in construction to assist is resolving disputes at law

Liability for Building Defects

Designing for poor workmanship, flawed design or workmanship

Mediation and Conciliation

voluntary, non-binding, without-prejudice, private dispute resolution process


Non-binding trial, testing the probable outcome in court or executive tribunal

Party Appointed Experts

Experts' appointments, balanced expert advice, cross-examination, experts' liability

Patent and Latent Construction Defects?

Construction Defects, Patent and Latent Defects, Tortious Liability for Defects Inspections

Sustaining a Claim for Damages

Tests to establish the sustainability of a claim and causes of accrual of action

The Expert Witness

Evidence of opinion, defining the role of an expert witness