Services

D e f i n e d

b y

o u r

I n t e g r i t y

Defined
by
Defined
by

ourIntegrity
our

Integrity

Services for Quantum Expert Evidence

copyright

Message from the Managing Director

Since our formation in 2006, we have been appointed on over 65 occasions to provide quantum expert evidence
for construction disputes proceeding to arbitration or litigation.
We provide expert evidence on matters relating to measurement issues, the valuation of additional and omitted
works, disruption and prolongation, termination of contracts, and common law claims for damages in short, all
financial claims made under a contract or at common law that are to be resolved through arbitration or litigation.
We are appointed by contractors, developers, educational institutions, governments, insurance companies, joint
ventures, power generation companies, resort hotels and casinos, for projects in Central America, Middle East,
South and East Asia.
We are well-versed on working on large complex projects and complex contracting arrangements. To date we
have assessed, in total, financial claims and damages in excess of US$1.3 billion. Our approach is meticulous,
backed with a great depth of construction knowledge and understanding.
Our success derives from our integrity and continuing dedication to providing a highly professional, high-quality
service. If we cannot commit to or excel at an appointment, we will not accept it, because we will not settle for
giving less than our best.
We judge our performance by how credible an arbitral tribunal or court determines our evidence to be.
We fully endorse the importance of providing expert witness services in an independent, concise, impartial
manner, in order to assist an arbitral tribunal or court in discharging its judicial obligations.
It is not surprising, therefore, that we are known for our technical excellence, and that 95% of our appointments
are referrals from clients, legal teams, arbitral tribunals and various other parties who have interacted with us
during previous arbitration or litigation proceedings.
Now in our tenth year, we are looking forward to tackling further challenging appointments and receiving even
more recognition for our services.

Laurette Gallagher
Managing Director

Services
D e f i n e d

copyright

b y

o u r

I n t e g r i t y

Company Overview
We have been appointed for projects in Bahrain, Dubai, Guatemala, Hong Kong, Macau, Qatar, Singapore and
Sri Lanka, but our construction knowledge extends beyond that to India, Pakistan, Philippines, the United
Kingdom and Thailand.
On a single appointment, a dispute may range from US$10 million to in excess of US$200 million, with evidence
given before arbitral tribunals or courts in Dubai, Hong Kong, London, Singapore and Sri Lanka.
What sets CES apart from other organisations providing expert evidence services?
We have in-depth knowledge of construction costs and how they are incurred. Our work gives us the
opportunity to study many projects and the parties involved in those projects. We know how parties operate
as part of a project team and individually as a corporate entity. We know how parties operate when a project
is in a remote location or in a designated market.
We have a full range of construction experience, encompassing all aspects of civil engineering work and
building projects.
We only provide expert witness services or independent opinions on matters likely to be proceeding to
arbitration or litigation. We do not attempt to be all things to all parties. We know what we excel at, and we stick
to it.
We are experienced in providing expert evidence services. Our experts receive in-house training, and also
outsourced training from barristers and arbitrators, in addition to extensive hands-on experience from working
on a large range of expert appointments.
Through awards and decisions published by arbitral tribunals and courts, we receive continual feedback on the
credibility of the services we provide. There is no better measure of competence than that granted by the
judicial power itself.
We are very earnest about the role and responsibilities of giving expert evidence and what makes for credible
expert evidence.
We have a full understanding of the arbitration and litigation process, the level of evidence required to support
quantum assessments, and the proper principles and approach needed for assessing quantum.
We adopt a consistent approach to our work, so no conflicts arise in the services we provide or the manner in
which we treat our clients. All appointments receive the same treatment, regardless of the dispute details.
We have worked alongside many leading construction senior counsel and international law firms, and have
produced evidence for renowned arbitral tribunals. We know what is expected of us and we deliver.

copyright

Construction
Project
Client - Project Participants:

Award
Evidence

Employer Contractor Engineer Architect

Opinion and assessments

served in a written report
and oral evidence given
before an arbitral tribunal or
court

Dispute
Financial claims made
under a contract and
or at common law

CCont
onrtract
act

Construction
Arbitration / Litigation

An Overview
Of The Process
D e
f i
n e
d

Se
rvi
b y
ces
o u
r

I n
t e
g r
i t
y

Opin
io
Repo n
rts
D e
f i
n e
d

Se
rvi
b y
ces
o u
r

I n
t e
g r
i t
y

Opin
io
Repo n
rts

Opinion Reports
CES Appointed

Independent Assessment
CES to provide independent and
impartial opinion and assessment of
the quantum claimed by the
respective parties to the dispute

copyright

Quantum Expert evidence

in respect of:
measurement issues
valuation of work
valuation of variations
disruption claims
prolongation claims
costs claims
termination of contracts
damages

The Clients Role

Select the Expert. This Expert
should have the right area of
expertise, have a good reputation
for producing thorough and
independent opinions, and should
be able to orally articulate the
Opinion.

The Experts Role

Opinion and Assessments
Review the instructions from the
Lawyers. Read the Pleadings to
understand the Dispute, and in
particular the quantum claimed.

Do not be surprised by the level of

detail required by the Expert. The
substantiation required at this
stage is more stringent than may
have
been
required
for
submissions and negotiations
leading up to the commencement
of
arbitration
or
litigation
proceedings.

Review the documents disclosed by

the Parties.
Identify the documents that are
needed to give an Opinion on the
quantum claimed and an assessment
of the quantum that should be claimed.
Identify further documents still required,
or matters that may require a factual
witness statement or other expert
evidence.

Address all matters related to the

Appointment through the Lawyers.

Take account of all relevant evidence.

Do not ignore evidence. One source
of evidence may be relied upon over
another, but reasons must be given
within the Opinion as to the evidence
relied upon.
Do not rely on a matter or facts not
pleaded or disclosed.

Refer to the evidence in forming the

Opinion.

Allow the Expert to fully

investigate and provide an
assessment of the quantum on
which they are required to give an
Opinion.

Prepare the Opinion based on the

matters pleaded and the evidence
disclosed by both parties. Sign the
Opinion and also sign a Statement of
Truth.

Do not expect the Expert to

advocate or support a clients
position. Although the Client
appoints and pays for the Expert,
the Expert is duty-bound to assist
an Arbitral Tribunal or Court by
providing
impartial
technical
evidence, which is then relied
upon for determining the financial
liability.

Review the Opinion of the Expert

appointed by the other party to the
Dispute.

Accept
that
the
Experts
methodology and approach may
differ to that previously adopted
by the Client.

Check that there is no conflict in

accepting the appointment.

Follow the orders and directions of

the Arbitral Tribunal or Court.

Trust the Expert; they know what

is required and are familiar with
the process.

Take the time to deploy resources

to collate the evidence needed to
support the quantum claimed.

Responsibilities

Meet with the other Expert to identify

areas of agreement. Be open to
consideration of the other Experts
opinion and, if warranted, review
your Opinion.
Produce a joint report identifying
areas
of
agreement
and
disagreement between the Experts.
This is an exercise for the Experts
only and should not be influenced by
other persons.

Provide a thoroughly considered,

clear and concise Opinion Report.
Do not stray into areas not within your
area of Expertise, particularly matters
of law.
Remember, the Arbitral Tribunal or
Court finds the facts. Provide
alternative opinions and assessments
when there is more than one way to
find the facts.
The Statement of Truth is your
declaration that you have properly
and fully performed your role and
responsibilities to an Arbitral Tribunal
or Court. Any failure to do what has
been declared is perjury and may
have legal consequences for you.

Address the issues that have not

been agreed upon in a further Opinion
Report, setting out the reasons why
agreement was not reached.
Do not attempt to communicate
with the Expert whilst they are
giving evidence. This also applies
to any intermission during that
process.

Attend the Hearing. Give evidence by

way of explaining the Opinion, in
response to questions raised under
cross-examination by a partys
advocate, or raised by the Arbitral
Tribunal or Court.

Maintain
professional
integrity.
Answer questions clearly and
honestly. Do not be evasive or
argumentative. Do not advocate a
partys position. Admit to errors.

Bring to the attention of the Arbitral

Tribunal or Court any matters which
change the Opinion.

copyright

Project Experience
Airports (Passenger Terminal Buildings and specialised curtain walling)
Bridges ( Suspension, Cable Stayed, Incrementally Launched)
Buildings - High rise Commercial, Public and Residential Structures
Caverns
Computer Installations and infrastructure systems for immigration
services at Airports and Border Check Points
Dredging and Reclamation Works
Geotechnical Works (Land and Marine)
Hydro Electric Power Plant
Lift Installations (high rise structures)
Long Hole Horizontal Directional Drilling
(under a sea bed and through rock slopes)
Marine structures (Ferry Jetties and World Cruise
Ocean Liners Berthing and Terminal facilities)
Mechanical and Electrical Installations
Oil and Gas Fuelled Power Generation Plant
Process Plant
Rail (over and underground)
Road
Deep Shafts (excavation by drill and blast and mechanical splitting).
Tunnels (through rock hillsides and 130m below seabed, excavations
by drill and blast and Tunnel Boring Machines)

Slope Maintenance Works

Specialised Foundation Works (Barrette Piles, Diaphragm Walls, Soil Nail Walls)
Treatment Plant (Sewage and Water)
Utility infrastructure (Drainage, Power and Sewage)
Viaducts and Underpasses

copyright

Our Reach
We operate on a worldwide basis; not defined by
cultures, contract types, jurisdictions, arbitral or
litigation processes.

Sweden

UK

France
Spain

Korea
Bahrain
Qatar

Japan

Pakistan

UAE

India

Hong Kong
Macau
Thailand

Philippines

Sri Lanka
Singapore

North America

Australia
Central America

Places shaded indicates locations of construction experience, hearings and clients base

Contact Details
Laurette Gallagher
Managing Director

lg@constructionexpertservices.com

Te l (+852) 2523 3122

Fax (+852) 2523 3133
Construction Expert Services Limited
3204b, 32/F Tower 1, Admiralty Centre,
18 Harcourt Road, Admiralty, Hong Kong

www.constructionexpertservices.com

copyright

Services
D e f i n e d

b y

o u r

I n t e g r i t y

www.constructionexpertservices.com
copyright