Learn how early expert engagement can strengthen claims, preserve evidence, improve settlement outcomes, and enhance dispute resolution strategies. Download the article here.
Independent expert witnesses can play a pivotal role in the success or failure of a case, but only when engaged at the right time. Delaying expert involvement can result in, constrained analysis, and the late discovery of fundamental weaknesses that could have altered strategy or encouraged earlier settlement discussions.
Why Timing Matters More Than Most Parties Realize
Independent expert witnesses can play a decisive role in dispute outcomes. Early engagement helps legal teams assess the strength of their position, preserve evidence, identify weaknesses, and build a stronger strategy from the outset.
The Role of an Independent Expert Witness
Independent expert witnesses help answer critical questions relating to evidence, risk, damages, technical standards, and project performance. Their analysis provides an evidence-based foundation for claims and defenses.
When is the Best Time to Appoint an Expert?
The optimal timing depends on project complexity, dispute type, and the issues in question. Complex and large-scale projects often benefit from expert involvement well before formal proceedings begin.
The Risks of Late Expert Engagement
Late engagement can impact the quality of analysis, increase costs, create procedural challenges, and weaken the credibility of expert evidence.
Benefits of Early Expert Engagement
Early involvement strengthens evidence preservation, improves collaboration, supports more robust analysis, reduces costs, and enhances the credibility of expert testimony.
Supporting Early Settlement Discussions
Early expert opinions help parties understand the strengths and weaknesses of their positions, creating a more realistic framework for negotiation and settlement.
Maintaining Independence
Independent expert witnesses must remain objective, transparent, and evidence-led. Clear role definition and professional boundaries are essential to maintaining independence.
A Phased Approach
Many successful matters adopt a phased approach, beginning with a preliminary review and risk assessment before progressing to detailed analysis and formal expert evidence.
Gain the Full Insight
Early expert engagement can have a significant impact on the success of a dispute, from preserving critical evidence to improving settlement outcomes.
Originally published by Squire Patton Boggs (SPB) in Construction and Engineering Matters, this article features insights from Carl Simms on the importance of engaging experts early in the dispute resolution process.
Disclaimer: The views expressed are those of the author and should not be construed as legal, professional, or other advice, nor as opinions provided or endorsed by Squire Patton Boggs or Kroll.
