55 LAWYER MONTHLY EXPERT WITNESS AWARDS 2025 In your experience, what are some common misconceptions about construction disputes, and how do you address them when presenting evidence in court? The most common misconception I face is the failure of Claimants (and, dare I say it, some parts of the legal profession) to realise that Design and Build (D+B) contracting fundamentally changes the responsibilities of a professional consultancy team. Under D+B, architects usually have very limited roles in the inspection of construction work in progress. They also normally have little or no role in certifying that construction is to contract standard, either in terms of materials, or workmanship. One “pumped up” and aspiring QS/project manager once told me that ‘the further architects are kept from site the better’. What a disrespectful comment in the face of an industry that has lost so much in terms of craft and trade skills and that is, all too often, run by managers overseeing construction processes that they simply don’t understand! With the construction industry evolving through new technologies and methods, how has this affected your work as an expert witness? The last three or so decades have resulted in a substantially increasing focus on the sustainability agenda, thus the pursuit of ever better thermal insulation to external walls - that is: reducing heat losses in winter and heat gains in summer. These efforts have seen the introduction of multitudes of new products and materials as part of the ongoing efforts to improve thermal performance, but testing, certification and manufacturers’ descriptions and data have all too often been wanting in terms of accuracy and clarity. These problems have been compounded by the fact that products are generally tested in isolation, resulting in misleading guidance as the same products may behave very differently, particularly in conditions of fire, when they are incorporated into a larger, and complex system. Understanding these issues, and the varying responsibilities of those involved in the design, specification and construction of buildings and their constituent parts, has been as challenging as it has been interesting. All this has, of course, been further complicated by new forms of construction procurement (especially where specialist sub-contractors and suppliers have assumed major design responsibilities), new and bespoke forms of contract, and the ever-increasing adoption of off-site manufacturing and assembly arrangements. What role does collaboration play in your work when engaging with legal teams, clients, and other industry experts on large-scale disputes? I love the protocols, peculiarities, rituals and courtesies of the legal profession, and it is a joy and delight to work with fellow experts from across my industry. We can never know it all, and collaboration (especially across disciplines) is essential to the testing of ideas, theories and the relentless pursuit of understanding and truth. But a word of warning: always interrogate the evidence and always ensure that you write every word of your reports. As Vickery Hyett receives recognition for Construction Experts of the Year in the UK, what advice would you offer to aspiring experts looking to excel in this field? Join one of the institutes, for example, the Expert Witness Institute which runs excellent training programmes. And find a mentor, someone like the solicitor who started me off, who will help you develop your basic skills and shine lights into the dark corners that we are ever committed to exploring. www.vickeryhyett.com
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