Lawyer Monthly - Expert Witness Awards 2025

Ayman ElTantawy PhD, MSc, CPEng, NER, RPEQ, FIEAust, M.ACI ALJ Consulting Engineers Director | Principal Structural Engineer Mob: 0434 791 446 Tel: +61 02 8605 7421 www.aljengineers.com.au 27 LAWYER MONTHLY EXPERT WITNESS AWARDS 2025 One primary example is the post-tensioning design-andconstruct practice. In the last twenty years in NSW, in particular, before the application of the Design Building Practitioner Act 2020, it was common to choose post-tensioning slabs for rapid construction and less concrete and reinforcement materials. The normal practice back then was to award the post-tensioning contract to a specialist subcontractor under a design and construction contract. The interference between the building’s vertical and lateral structure design and performance and the design of the floor slabs was the primary source of engineering disputes about the liability of the design and construction deficiencies of post-tensioning slabs and its effect on the main structure, leading to complex, length, and costly litigation. What do you believe lawyers and clients most often misunderstand about the role of engineering experts in legal proceedings? I had a positive experience working with construction lawyers in Australia and the UK, who demonstrated a good grasp of the engineering experts’ role. I would frequently meet with the assigned lawyer to review my research, the opposing party’s expert reports, and their stance. On the other hand, the client is not usually at the same level of understanding as the lawyer, and the level of expectations are quite different. The challenging experience was a client who set the expectations that my report would get him off the hook despite that defects are crystal clear their responsibility. It takes a bit of time to educate the client on my findings and work with them to suggest a reasonable scope of work for rectification. “Structural forensic engineering is a multidisciplinary field that combines scientific principles, analytical thinking, and statistical methods to extract valuable insights from incomplete data; it is the art of science.”

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