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In England and Wales civil construction proceedings, a party needs the court’s permission to rely on expert evidence, and that evidence must be limited to what is reasonably required to resolve the case. A construction expert’s overriding duty is to help the court—not to advocate for the party that instructs or pays them. The rules below concern civil proceedings, particularly the Technology and Construction Court (TCC); they do not set the procedure for Scotland, Northern Ireland, arbitration, adjudication or expert determination.
What does a construction expert witness do?
A construction expert gives opinion evidence on technical matters within their expertise to help the court decide a dispute. Depending on the issue and the expert’s qualifications, that might involve analysing a building defect, construction method, delay, valuation or quantum. The expert supplies opinion; the court decides the case, including liability.
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Expert evidence is not automatic simply because a dispute involves technical construction issues. Under CPR Part 35, it is restricted to what is reasonably required to resolve the proceedings, and a party must obtain the court’s permission to call an expert or rely on an expert report. An application for permission must identify the field of expertise sought and include an estimate of the proposed expert evidence costs.
Does a construction expert owe a duty to the court?
Yes. The expert’s overriding duty is to help the court on matters within their expertise, and it takes priority over any obligation to the party who instructed or pays them. The expert is not an advocate for either side.
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Practice Direction 35 says expert evidence should be the independent product of the expert, uninfluenced by litigation pressures. Opinions should be objective and unbiased. An expert should consider material facts that may detract from their conclusions, as well as those that support them.
For surveyors acting as expert witnesses in civil proceedings, RICS publishes a professional standard. Its standards page lists a fourth edition, while a separate page describes a 2025 consultation on a proposed fifth-edition revision. The consultation does not establish that a fifth edition has been adopted; check the current RICS standard before relying on a particular edition.
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How do you obtain permission and choose an expert?
Start by defining the precise technical issue that requires opinion evidence. The court controls whether expert evidence is permitted and how it is presented; a defect, delay or valuation dispute does not automatically justify a separate expert for every issue or party.
Where more than one party seeks expert evidence on the same issue, the court may direct the parties to use a single joint expert (SJE). That is an option for the court, not an automatic outcome. Relevant considerations include the issue’s complexity and importance, the likelihood of genuine differences of opinion, whether one expert can address it fairly for all parties, whether separate testing or party-specific questions are needed, and the cost and timetable. The court’s order governs the approach in the individual case.
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Choose an expert with suitable expertise for the issue and make sure the instructions support independent analysis. The report should disclose the substance of material instructions and the assumptions and evidence on which the opinion relies; it should not obscure the difference between observed facts and professional opinion.
What should a Part 35 expert report include?
Expert evidence is ordinarily given in a written report unless the court directs otherwise. The report should be addressed to the court, not to the instructing party. Under Practice Direction 35, it should include:
- The expert’s qualifications and the literature or other materials relied on.
- The substance of all material facts and instructions relevant to the opinions, with a clear indication of which facts are within the expert’s personal knowledge.
- Details of who carried out any examination, measurement, test or experiment, their qualifications, and whether the expert supervised it.
- The expert’s conclusions, any qualification to an opinion, and any range of opinion on an issue, with reasons for the view taken.
- The required statement setting out the expert’s duty to the court and the prescribed statement of truth.
A technical survey or consultant’s report is not necessarily a Part 35 report. Its suitability depends on the court’s permission and directions as well as whether it meets the applicable requirements.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.How can parties clarify or narrow expert disagreement?
Written questions
A party may ordinarily put proportionate written questions to another party’s expert, or to a single joint expert, once and within 28 days of service of the report. The questions are for clarification, not a substitute for a new report or unrestricted cross-examination. The court may allow a different course, or the parties may agree one. Answers to compliant questions become part of the report.
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Discussion between experts
The court may direct experts to discuss the issues, identify points of agreement and disagreement, and prepare a statement of the disagreements with reasons. The discussion itself is generally not referred to at trial unless the parties agree. An agreement reached by experts does not bind the parties unless they expressly agree to be bound by it.
Will the expert give oral evidence at trial?
Expert evidence is generally presented in writing. Whether an expert attends a hearing or gives oral evidence depends on the applicable rules and the court’s order. In small-claims and fast-track cases, the court will not direct an expert to attend unless attendance is necessary in the interests of justice.
A party that fails to disclose an expert report may not use it at trial or call the expert to give oral evidence without the court’s permission. The court’s directions therefore matter both when obtaining permission and when preparing and disclosing the report.
Which rules apply to construction disputes?
The Civil Procedure Rules, Part 35 and Practice Direction 35 provide the general framework for expert evidence in civil proceedings in England and Wales. The TCC Guide gives the specialist construction-court context and treats Part 35 as governing the terms on which expert evidence may be received. This account does not establish the rules for other UK jurisdictions or for arbitration, adjudication or expert determination.
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