Diales Compendium Issue 3 - Flipbook - Page 15
ISSUE 3
COMPENDIUM
All of these technological developments are here already, or
will be with us before long. What do they all have in common?
Technology, and the ability to develop these systems in a
reliable manner, including the need to be able to handle large
amounts of electronic data.
The speed of introduction of this kind of technology into project
and company systems will be determined by the enthusiasm
of the sub-contractors, contractors and employers reflecting
the perceived benefits from each Party’s standpoint. If
deemed to be cost effective, or considered to give a company
a competitive edge, the speed of the introduction of such
systems could be rapid, given the speed at which new
software is currently introduced.
However, the speed of introducing this kind of technology
into expert reports may run at an entirely different pace. In
simple terms, CPR Part 35.3(1) sets out that the overriding
duty of the expert is to help the court on matters within their
expertise. For a short sentence, there is more than one part
to focus on, but key in the consideration of the material to be
included in a report, is the word, ‘help’.
The expert report must be readily understood by all Parties
and the data underpinning the analysis must be capable of
being effectively scrutinised.
Unless and until the data provided by these new technologies
can be presented in a manner in which it can be disseminated
and understood will render the report of little use. An expert
report is not prepared as an attempt to prove that the expert
is the cleverest person in the room and any report that does
not set out the opinions of the expert in the manner that
can easily be understood by the client, legal team, Counsel,
Judges and opposing experts will be of little use.
In summary, as planners, we may have new inventions and
systems to look forward to playing with, that will rapidly
affect the manner in which a project is planned, and the asbuilt status recorded. However, as delay experts, we need
to ensure that the data which these systems provide is as
robust and subject to interrogation as the systems we have in
place now. Failure to do this will result in significant wasted
costs and delay experts on the wrong end of a decision having
to explain to its client why! The answer, ‘but I used cutting
edge technology’ in my report, will not suffice!
Unlike project planners, who have flexibility in deciding how
and when planning systems are developed, the expert and the
expert’s report are slightly more restricted when considering
how and when to use data from new technologies, owing to
the determiner that their report must always ‘help’.
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