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Expert Witness
Qualified quantum expertise for claims, disputes, and litigation and arbitration support.
Expert Witness
and Dispute Resolution Services
Construction disputes typically require a qualified quantity surveyor to provide expert evidence on quantum: the value of amounts claimed or in dispute.
We are experienced across a range of dispute resolution and determination processes - from negotiation and mediation to arbitration and litigation - for dispute matters on major projects (infrastructure and energy projects) and building and property development projects.
We also provide dispute management, commercial and technical support, and independent assessment of quantum for matters which are not subject of legal proceedings.
Our Dispute Experience
BMD Consult has provided dispute services for a range of matters, including:
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Quantum expert for litigation matter related to disputed costs for landslide rectification works at a property in New South Wales
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Quantification reports, technical particulars, and commercial and technical advisory through dispute process for matter in arbitration related to design services provided to an infrastructure project.
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Commercial and technical advisory through dispute process for arbitration matter concerning the capital cost of civil and structural design on a major infrastructure project.
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Quantification report, technical particulars, and commercial and technical advisory through dispute process for litigation matter concerning mitigation under project professional indemnity on a major infrastructure project.
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Quantification report, technical particulars, and commercial and technical advisory through dispute process for arbitration matter related to shared joint venture costs on an infrastructure project.
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Quantification report and submissions for arbitration matter concerning delay, disruption and scope change impacts on a major road infrastructure project.
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Technical particulars for utilities scope change impacts on a major infrastructure project.
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Submissions with technical substantiation and particulars of delays and disruption on several renewable energy projects.
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Quantification, submissions and responses for payment claim adjudication under security of payment legislation for various matters in New South Wales, Victoria, Queensland, Western Australia, and New Zealand.
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Quantum reports for defect rectifications for New South Wales Civil and Administrative Tribunal.
Combined Major Projects and Independent QS Capability
We are very experienced providing services in dispute matters for both major projects (infrastructure and energy) and building projects.
Major projects, with high-value commercial disputes, typically require a quantum expert to further assess and verify quantum calculations prepared by the claimants or counterclaimants. Substantial quantum on major projects usually relates to delay and prolongation claims, for which a quantum expert verifies project running and overhead costs as an average daily rate for delay and prolongation compensation.
Building and property development project disputes are likely to require a quantum expert with quantity surveying and independent estimation capabilities, familiar with quantification, estimation, construction costs, metrics, and unit rates.
Our practical experience preparing quantum and articulating impacts with technical particulars has improved clarity and efficiency and substantially reduced costs for dispute proceedings, including when a separate quantum expert witness, specialising in major projects and high-value commercial disputes, is also engaged.
Credentials
BRENDAN MCDERMOTT | Registered Expert Witness
BA (Hons) | BSc (Hons) | LL.M | MRICS | MAIQS | CQS
Our expert witness services are provided by a Registered Expert Witness, Australian Institute of Quantity Surveyors (AIQS) Certified Quantity Surveyor, and chartered Member of the Royal Institution of Chartered Surveyors (RICS) with testifying experience.
Services
Expert Reports & Evidence
Quantum expert witness reports and testimony for dispute and legal proceedings, provided as a ‘clean’ expert engaged and instructed by a party’s legal representatives.
Dispute Support
Support and management services, working closely with a party to dispute proceedings to prepare and assess quantum and provide commercial and technical clarity to legal representatives and appointed expert witnesses.
Commercial Resolution
Support
Commercial and advisory services to a contracting party to support resolution of matters of commercial difference which are not subject to legal proceedings.
Independent Assessment
Independent valuation and assessment of matters of dispute to support resolution and negotiated outcomes.
Who We Work With
Law firms
Law firms seeking a registered Quantum Expert (‘clean’ expert) to provide expert reports and testimony in legal dispute determination proceedings.
Contract Party
A party to a construction contract requiring quantum and technical support to manage or resolve disputes and commercial differences.