EXPERT WITNESSES IN CONSTRUCTION DEFECT LITIGATION: A CASE STUDY OF YAP BOON KENG SONNY V PACIFIC PRINCE INTERNATIONAL PTE LTD AND ANOTHER

Abstract

Construction defect claims and litigations are increasingly prevalent because there is often disagreement on what constitutes a construction defect and when remedial works are required. Thus, this dissertation focuses on the law of contract and construction defects claims arising from breach of contract together with the remedies. Defect claims and litigations are highly technical in nature. More often than not, the impact of expert witnesses on judgments becomes prominent and influential due to their professional expertise. However, the multifarious nature of construction defects often necessitates the use of construction technologies to diagnose defects scientifically, and to determine the need for rectification work in accordance with established standards and guidelines. In this regard, whether expert witnesses utilise construction technology, or established standards and guidelines could be a pivotal factor determining the degree of influence that their opinions exert on judgments. The dissertation seeks to answer this research question through a detailed case study of Yap Boon Keng Sonny v. Pacific Prince International Pte Ltd and Another. Specifically, a decision making flowchart detailing the steps to be taken when diagnosing defects and determining need for rectification has been carefully created to analyse the case. Results from the case study confirm that expert witness’s opinion alone may influence judgments. More importantly, when the expert witness’s opinion is either based on diagnostic tests with the use of construction technology, or established standards and guidelines, the likelihood of the judge accepting such an opinion is higher. Implications of the findings are also discussed.