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TENSIONS BETWEEN LAWYERS AND EXPERTS (WHEREVER IN THE WORLD YOU MAY BE)

International Construction Law Review

TENSIONS BETWEEN LAWYERS AND EXPERTS (WHEREVER IN THE WORLD YOU MAY BE) Janine Stewart Partner, MinterEllisonRuddWatts, New Zealand Stephen Price Partner, MinterEllisonRuddWatts, New Zealand Sean Brady Managing Director, Brady Heywood Pty Ltd Simon Braithwaite Director, BDO, New York ABSTRACT Two senior lawyers and two experienced experts discuss the role of experts across jurisdictions and the common tensions that arise from both the experts’ and lawyers’ perspectives. This paper also includes practical suggestions as to how these tensions can be resolved (or at least managed). INTRODUCTION Expert evidence has been a key aspect of dispute resolution for centuries, but the construction industry is arguably now more reliant on expert evidence than ever before. While the reliance on expert evidence has increased, so too has the tension between the lawyers and the experts engaged by the clients. This paper examines the role of experts in construction disputes against the backdrop of expert evidence code requirements in different 242

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