Services
Disputes
Building Disputes & Expert Witness
When construction or refurbishment doesn’t go to plan, disputes can arise about the quality, cost, or responsibility for repairs. Whether you’re a homeowner, landlord, developer, tenant, or insurer, having a fair, expert view can make all the difference.
At Sutherland Surveyors, we help resolve building disputes and provide expert witness services. Our reports are independent, robust, and can be prepared either for early advice or for use in formal legal proceedings.
What is a Building Dispute?
A building dispute can occur when:
A contractor or builder’s work is alleged to be defective (poor workmanship, non-compliance with Building Regulations etc.)
Parties disagree about cost, scope or delays in building work
A client believes statutory obligations have not been met (e.g. structural safety, damp, leaks, fire protection)
Dilapidations disputes in commercial leases
Discrepancy between agreed specification/design and what was delivered
Insurance claims for structural damage, damp, leaks, subsidence etc.
Expert Witness Services
Two Types of Report
Preliminary (Non-Compliant) Reports
- Useful in the early stages of a dispute.
- Provide an independent technical opinion on the issues, defects, likely causes, and potential remedies.
- Intended to guide clients and legal advisers in deciding whether a claim has merit, or to support negotiation/mediation.
- Not compliant with CPR Part 35 and not suitable for submission to court.
CPR Part 35 Compliant Reports
- Required when evidence is to be presented to a court or tribunal.
- Must comply with the Civil Procedure Rules (CPR) Part 35.
- Impose a duty on the expert to the court, not the instructing party.
- Independent, unbiased, and clearly distinguish fact from opinion.
- Suitable for single-party or joint expert witness appointments.
Types of Disputes We Cover
Our expert witness services are frequently used in cases involving:
Defective workmanship or design in residential and commercial property
Building regulations non-compliance claims
Dilapidations disputes in commercial leases
Insurance disputes (fire, flood, structural failure, subsidence, damp, water ingress)
What We Do
Inspect and assess the property or works in question.
Provide either preliminary or CPR-compliant reports depending on the stage of the dispute.
Prepare evidence with photographs, schedules, and analysis of specification vs. actual work.
Identify causes, responsibility, and cost implications for remedial works.
Provide expert witness testimony in court or tribunal if required.
Why Choose Us?
Chartered Building Surveyors, regulated by the RICS.
Experienced in both residential and commercial property disputes.
Capable of preparing preliminary advice for negotiation or full CPR-compliant reports for court.
Independent, impartial, and clear in our findings.
Professional reputation for accuracy and clarity in reporting.
What to Do If You’re Facing a Dispute
Document the problem: photographs, correspondence, dates.
Seek preliminary advice to establish whether the claim has merit.
If necessary, instruct a CPR 35 compliant expert report.
Use our findings to support negotiation, mediation, arbitration, or court proceedings.
Building Disputes & Expert Witness FAQs
These are some of the most common questions about building disputes and expert witness.
What is a CPR Part 35 report?
A CPR Part 35 report is an Expert Witness Report that complies with the Civil Procedure Rules, Part 35. It is suitable for submission to court or tribunal proceedings, and the expert’s duty is to the court, not the instructing party.
Can I get an early advisory report before going to court?
Yes. Preliminary or non-compliant reports are often prepared in the early stages of a dispute. These provide independent technical advice to help assess the issues and may support negotiation or mediation. They are not suitable for formal submission to court.
Who can instruct an Expert Witness?
Expert Witnesses can be instructed by property owners, landlords, tenants, contractors, insurers, or solicitors. In some cases, the court itself may appoint a single joint expert to act for both parties.
Do I always need a CPR compliant report?
Not always. If the dispute is likely to be resolved through early negotiation or mediation, a preliminary advisory report may be sufficient. If court proceedings are expected or already underway, then a CPR Part 35 compliant report is required.
What information should I provide to the surveyor?
It helps to provide as much detail as possible: contracts, specifications, drawings, correspondence, photographs, and a timeline of events. This evidence allows the expert to form an informed opinion and produce a robust report.
