Expert Shopping : A Quantum Expert's Perspective

As a seasoned Quantity Surveyor specialising in quantum assessment within the construction industry, I have had the unique opportunity to observe the rising trend of 'expert shopping' and earlier this week one of my lawyer connections also published an article. With its potential to significantly impact the industry, a thorough discussion is essential.

Quantum Assessment in Construction: A Brief Overview

Quantum assessment, in the realm of construction projects, pertains to the evaluation of changes in construction costs or damage calculation due to alterations in the work, delays, disruptions, or other unforeseen events impacting the project financially. Quantity Surveyors are frequently engaged to perform these quantum assessments, employing their expertise in construction costs and contract law to quantify the financial implications.

Unravelling Expert Shopping

Expert shopping is the practice of seeking multiple professional opinions until finding an expert whose opinion aligns with a preferred outcome. Within quantum assessment, this can translate to a project stakeholder seeking several Quantity Surveyors until they find one who concurs with their perspective on the value of a claim or the cost of a variation.

Implications of Expert Shopping

Although seeking second opinions or multiple estimates is entirely acceptable, expert shopping can compromise the objective analysis intrinsic to quantum assessment. The repercussions of this practice can be harmful to individual projects and the broader construction industry.

1. Erosion of Objectivity: Quantum assessments should be impartial, fact-based evaluations considering the situation specifics, contract terms, and cost realities. Expert shopping can undermine this objectivity, resulting in skewed assessments favouring one party.
2. Increase in Disputes: If the norm becomes to seek expert opinions until one aligns with your preferences, it could escalate disputes as opposing parties present biased assessments supporting their stance.
3. Reputational Damage: The reputation of the quantity surveying profession could be at risk if it is perceived that opinions can be bought or swayed easily.

Mitigating Expert Shopping Risks: A Guided Approach

As Quantity Surveyors, it's incumbent upon us to uphold our profession's standards and the value of impartiality in quantum assessments. The following steps can help mitigate the risks associated with expert shopping:

1. Adherence to Professional Standards: We should adhere to stringent professional and ethical guidelines, ensuring that quantum assessments remain fair and objective regardless of client pressures. The RICS Practice Statement and Guidance Note, 'Surveyors Acting as Expert Witnesses' (4th Edition, 2020) serves as a critical guide in establishing these professional standards.
2. Promoting Transparency: By making our methodology and the basis of quantum assessments transparent, we can minimise potential manipulation or bias and foster a mutual understanding and acceptance of the assessment.
3. Peer Reviews: Regular peer reviews can ensure quantum assessments are balanced and checked, thus reducing the risk of undue bias.
4. Education and Communication: We must educate stakeholders about the importance of impartial quantum assessments and the risks associated with expert shopping.

Part 35 of the Civil Procedure Rules (CPR) stipulates that experts must provide independent, objective, and unbiased evidence to the court. Even when appointed by one of the parties, experts serve the court, and their duty to the court prevails over any obligation to the instructing party. This highlights the legal implications of expert shopping and emphasises the need for Quantity Surveyors to ensure their assessments remain impartial.

The construction industry thrives on mutual trust and professional integrity. As Quantity Surveyors and experts in quantum assessments, it's our responsibility to uphold these values and curb 'expert shopping'. By doing so, we protect our profession and ensure the long-term fairness and health of the construction industry. Let's build wisely and ethically.

Feel free to get in touch with me if you are looking for a quantum expert, visit our website www.cantidad.co.uk or email: [email protected].

References:

Footnotes

1. RICS, 2020. Surveyors Acting as Expert Witnesses – Practice Statement and Guidance Note (4th Edition). RICS professional standards and guidance, UK. Available at: RICS Website ?
2. Ministry of Justice, 2020. Civil Procedure Rules Part 35 – Experts and Assessors. Justice.gov.uk. Available at: Ministry of Justice Website ?

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