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A landscaping expert witness is an essential person in any dispute which has arisen due to the client and contractor falling out of agreement. This is usually where the expectations of either party has not been met.
If the client doesn’t feel that the contractor has obligated the works as per the specification or contract to the standard expected. This may be due to a single or multiple reasons.
There could be one reason, there could be many. It may be a product failure, and it is the duty of the Expert to determine what is wrong, why, and what may be done to rectify the problem if possible.
In these instances, an independent “Single Expert Witness Statement of Opinion” should be sought as this will highlight all the issues failings or short comings of the project. This will form the basis of any mediation between the client and contractor. This cost is accepted by the side instructing the report.
It also works the other way too. If the client refuses to pay the contractor for works and the contractor feels that the contract or specification has been obligated to the expected standard, an independent “Single Expert Witness Statement of Opinion” will highlight what service has been provided and to what standard. This will assist in the pre-court action should the contractor wish to pursue this with a lawyer.
Both parties may also decide that that a “Single – Joint Expert Witness Statement of Opinion” is the best way forward. This is usually when both parties wish to mediate and agree by using the outcome of the report. The costs of such would be shared equally by both parties.
The Court may give instruction to produce under CPR Part 35 (Civil Procedure Rules) an Expert Witness Report or Single Joint Expert’s Report. The work is performed independently and reported as found onsite on the day of the inspection.
Instruction for such reporting is usually through council representing a client.
If both sides can communicate, sensible arbitration in the early stages of the dispute may mean legal action is mitigated. If the case is unresolved and is forced through the court system, matters may cost more than you could expect. Karl is an expert, and his reports usually lead to an efficient resolution in landscaping matters once a report has been commissioned.
