Scott Coulton, the Managing Director at Nexus Consult, is a quantum expert. But what is a quantum expert, and how can one help you?
A quantum expert has extensive knowledge and experience in assessing the financial value of claims arising from construction disputes. Essentially, a quantum expert “quantifies” the financial impact of a claim by analysing the relevant data and providing an objective report on the true cost of additional work, defects or delays that may be in dispute.
Due to their expertise, quantum experts can give impartial advice to provide independent expert opinions on the financial value of claims in construction disputes, often acting as expert witnesses in adjudication, court or arbitration proceedings.
Want to learn more about quantum experts and see if you need to appoint one? Read on to learn more about what a quantum expert is, what they do, and how they can help you.
What is a quantum expert?
As mentioned, a quantum expert is an experienced professional appointed to provide their impartial opinion and advice regarding the value of the disputed matter. Using their expertise, in most cases as an experienced quantity surveyor, and thorough understanding of the construction industry and dispute management, a quantum expert can help inform a court or tribunal on how to best settle a dispute by providing an unbiased and objective opinion about the financial value of the matter in dispute.
Commonly, there are three types of quantum experts recognised:
Party Appointed Expert – This is where the quantum expert is appointed by one party involved in the dispute. Despite the party that appointed the quantum expert (and is paying them), the quantum expert has a primary and overriding duty to assist the court or tribunal – so there can be no biased opinions.
Single Joint Expert – A Single Joint Expert is agreed to and appointed by all parties involved in the dispute. Similarly to the Party Appointed Expert, the Single Joint Expert’s primary duty is to the court (as stated in the Civil Procedure Rules (CPR) Part 35.3).
Expert Advisor – Another option is an Expert Advisor, who can be appointed by any party to advise on the dispute. An Expert Advisor doesn’t have a duty to the court and, as such, will often not give evidence.
Construction quantum experts are often sought when a case is not evidently conclusive or needs further interpretation, or the court or tribunal requires the specialist knowledge and analysis of an expert quantity surveyor and dispute management professional.
What does the role of a quantum expert include?
The role of a quantum expert is to impartially determine the facts of the dispute and then report their findings to the court or tribunal by submission of a detailed report (and in some cases testimony) outlining their analysis of the claims, including calculations of costs, supporting evidence and reasoned conclusions.
Upon a quantum expert providing a report to the tribunal, there will usually be a cross-examination of the evidence they have provided. This is why the role of a quantum expert must be so thorough in ensuring their findings are accurate and can be explained with factual evidence.
A quantum expert’s expertise and how they can help you?
Often, contractors, subcontractors, and employers/clients seek the help of a quantum expert if they are experiencing a dispute that is being heard in adjudication, arbitration or is about to go to court.
Quantum experts are skilled at delivering expert evidence to ensure disputes are settled, so if you need help with complex issues during a construction project, such as:
Contract breaches
Design changes
Terminating the contract
Cost allocation
Project delays or prolongation
Loss of profits
Project scope changes
Variations
Then, a quantum expert can help.
Essentially, a quantum expert can help you avoid disputes altogether, or if it’s too late to prevent a dispute, they can help ensure a just and reasoned judgement is achieved.
How to choose the right quantum expert for you
It is worth repeating that when a dispute goes to adjudication, arbitration or the courts, a quantum expert has an overriding responsibility to assist the tribunal, so we recommend engaging with a quantum expert who:
Helps you understand your liabilities and opportunities
Has hands-on construction quantum experience
Holds the relevant qualifications
Is a member of relevant industry regulatory bodies
Possesses forensic skills when it comes to assessing facts and analysing data
Obtains impeccable attention to detail and can confidently and effectively communicate.
When choosing the right quantum expert for you, the main consideration is that they have extensive knowledge and experience in construction disputes and as a quantum expert witness. They can also provide impartial opinions, facts and advice regarding your dispute.
Choose Scott Coulton as your quantum expert
If you’re looking for a quantum expert who has experience in Client Advisor and Adjudication roles, we can help.
Our Managing Director, Scott Coulton, has been appointed Quantum Expert and has previously delivered forensic quantum claims and prepared detailed commercial, contractual, and claims documentation to Subcontractor, Contractor and Employer clients in a supporting role, adjudication and arbitration proceedings.
Scott’s educational background, including an LLM in Construction Law and a BSc (Hons) degree in Commercial Management & Quantity Surveying, is complemented by professional development in Construction Law and Practice through organisations such as RICS and CIArb.
Contact Scott Coulton now for balanced and impartial quantum advice, support and reports.