Defective building construction
When construction is thought to be inadequate either because of defective workmanship or materials, Brian Eyley investigates and prepares an Expert Report which can be presented in Court.
Alternatively, he can act for the defence and investigate claims which are thought to be incorrect and prepare a defence Expert report.
Reports can be prepared for matters regarding workmanship, materials, design or for building cost claims.
Most of our Expert instructions are civil matters but he has also given Expert evidence in criminal trials.
Alleged defective design or specification by an architect, surveyor or builder can be investigated and an objective Expert Report produced for Court action, whether acting for the Claimant or Defendant.
All our reports are prepared after thorough investigation and are extensively illustrated with photographs where this helps the understanding of the judge or jury.
The balustrade at the head of the page was moved by expansion of patio tiles where inadequate allowance was made for thermal expansion when a major extension was added.
Building Work, Kitchens, Conservatories, Windows etc.
Reports are frequently prepared in respect of alleged poor workmanship or overcharging.
Kitchens, windows, conservatories and all general installations can be inspected and reported upon.
Again, these are well illustrated and often supported with documents such as guidance notes or International Standards (ISO / BS). Reference is also made to Building Regulations and similar documents where applicable.
Sample reports are available on the download page.
Disrepair / Habitable Evaluation
Tenanted houses in disrepair can be examined and the underlying causes investigated and identified. An Expert opinion of whether the property is in "disrepair" can be included.
The property shown was suffering from water penetration and was in disrepair.
Of course, we can also act for Landlords in identifying the source of problems before they reach a serous condition.
Sometimes, more extensive investigations are required in which case, specialist equipment is hired or specialist contractors retained to investigate under our direction.
Personal Injury claims related to building defects can be investigated and deviation from required standards identified in a report.
In the past, this has included tripping hazards, unsafe staircases and similar defects caused by defective design, inadequate construction, poor construction or a lack of proper maintenance.
It is often necessary to check the legislation or recommended standards that were applicable at the time of the cause of action and, in many cases to carry out more detailed investigations and tests.
Letter of Advice
It is often useful for a surveyor to investigate and report on a potential claim before the high costs of legal proceedings are incurred.
An investigation can be carried out and a preliminary report or letter of advice issued.
That can identify arguments from all points of view and, therefore is helpful for the solicitor who needs to evaluate the likelihood of success in a legal case.
General information for Expert appointments
There is a litigation c.v. available for download on the Downloads page.
All work is carried out to the standards required by the CRP (Civil or Criminal Procedure Rules) so that the evidence is admissible in Court.
The guidance issued by the Royal Institution of Chartered Surveyors (RICS) in the latest edition of the RICS Practice Statement “Surveyors Acting as Expert Witnesses” is also followed.
Brian Eyley can act as a Single Joint Expert (responsible to both parties) or just for the Claimant or Defendant.
Most of the instructions received for Expert Reports are in connection with civil cases but Brian Eyley has acted as an Expert for the prosecution and given evidence in several criminal trials.
He can assist with preliminary opinions, Scott Schedules, lists of defects, costings and can agree matters with other Experts when necessary.
Brian Eyley has given evidence in Court on several occasions but many matters reach a settlement after the Expert Report is produced and, therefore, before Court hearings.