Systech offers a commercially focused, expeditious and cost-effective expert witness service as part of its approach to dispute resolution in the industry.

Systech's claims management, expert witness, and legal service offering is unique and allows the contractor to maintain a high level of control over a dispute, supported by our experts with hands-on contractor experience who are free to act in your best interests.

Systech is a leading provider of 'Expert Witness Services'; we are usually instructed by Commercial Directors of large contracting organisations. Our experts focus on upstream claims, subcontract disputes, and the defence of subcontract claims, with a value of between AUD $10m to AUD $100m.

Systech expert witnesses are typically appointed to act as "dirty" experts supporting the dispute proceedings from an early stage. We highly recommend that a parallel instruction is also issued to our group company, Systech Law. A dual appointment is hugely advantageous for the contractor as early instruction to Systech can manage disclosure issues from the proceedings' preliminary stages, and dealings with the appointed "dirty" expert can be protected via privilege. The advantage of communications not being discoverable is that it enables Systech experts to freely discuss the strengths, weaknesses, strategy, and action plan for the dispute(s) with our clients, safe in the knowledge that their commercial position is protected.

The appointment of a "dirty" expert allows our clients to maintain control over a dispute, as the expert's duty is to act in the client's best interest. The "dirty" expert advises on the formulation of the claim(s) in the manner that an independent "clean" expert would expect and to the standard that a court or tribunal would expect to see them presented.

Systech's niche in the market is advising on cost-sensitive disputes which the contractor wishes to resolve prior to arbitration or litigation. Our unique offering provides a cost-effective solution by obtaining the benefits of privilege and expert advice without the huge expense and inevitable loss of control incurred by engaging an international law firm and an associated "clean" expert. Systech provides this service with its primary objective being the earliest possible settlement of a dispute, in the knowledge that it obtains repeat business from clients via successfully negotiated commercial settlements of construction claims.

Given that most disputes never reach arbitration or litigation, there is no need for contractors to appoint a highly expensive "clean" expert from the outset. On the occasions that a "clean" expert is required to formally testify at an arbitral tribunal or court, then the "dirty" experts' work will not be wasted and will ultimately inform the "clean" experts' work, thereby saving the contractor money. Indeed, it is often the case that a "clean" expert appointed too early must be reappointed when the parameters of their required involvement become apparent, i.e. after the formulation of the case.

In summary, we provide a highly effective service tailored to our clients' needs that is real value for money. Given that Systech operates globally, the effectiveness of our service offering is evidenced by the substantial number of contractors worldwide who have used, and continue to use, our service(s) to their great benefit.

What are "dirty" and "clean" experts?

The term "dirty" simply refers to an expert appointed by a party involved in a dispute to provide advice on the strategy and preparation of their case. The "dirty" expert's duty is to act in their client's best interests. Importantly, the "dirty" expert does not need to be impartial, albeit Systech's experts will always be objective. Often, the "dirty" expert is referred to as a consulting expert.

In contrast, the term "clean" expert refers to an expert witness who provides evidence in the form of an impartial opinion regarding an issue or issues in a dispute. The "clean" expert's primary duty is to assist the court or arbitration tribunal on matters relevant to their expertise. The "clean" expert will solely opine on the issues presented to them and conclude without recourse. The "clean" expert is sometimes referred to as a testifying expert.

Both "clean" and "dirty" experts have specialist expertise relating to technical issue(s), or quantum or delay matters. Both will have the same accreditation and experience in preparing reports for arbitral panels and the courts.

Why should you instruct us?

Systech provides a unique construction dispute service via its Claims Consultancy, Expert Witness Services, and Law Practice, which together combine to offer a single-point solution. Therefore, in large and complex construction disputes, our claims consultants can assist contractors' in-house teams by providing resources with the required expertise and necessary experience to prepare credible claims documentation with the requisite level of substantiation needed for the claim(s) to succeed. Our expert witnesses guide such claim preparation processes, providing optimal strategic advice to the standard expected by tribunals and courts. At the same time, our lawyers give discreet legal opinions as required on an ad hoc basis, with the wrapping of privilege on a document-by-document basis. Systech has an enviable global reputation in the provision of construction dispute services, with a track record of resolving issues rather than dragging out disputes via protracted arbitral or litigation activities. We have testimonials from a variety of contracting industry leaders advocating our positive influence on numerous mega-projects worldwide.

Key advantages of instructing Systech as a "dirty" expert include:

• We have experts on the ground in Australia, and they are supported by a global panel of experts, all of whom are quantum and delay specialists.
• We can get involved and support the dispute proceedings from an early stage.
• A concurrent instruction issued to our group company Systech Law, which provides the advantages of privilege, therefore protecting your commercial position.
• Objective advice is given on the dispute's strengths, weaknesses, strategy, and action plan.
• A "clean" expert will not offer advice on formulating, presenting, and compiling evidence for a claim.
• All of our experts will give clear and reliable advice and are well versed in compiling expert reports for a commercial settlement.
• Our experts advise on identifying and compiling relevant evidence, saving our clients time and money.
• Our clients maintain control over the dispute, as the expert's duty is to their client, the contractor.
• Our expert will advise on the formulation of the claim and will guide the claim preparation process.
• A "clean" expert will only opine on matters presented to them, with a duty solely to the court.
• We have a realistic cost base for the provision of services providing value for money for our clients.
• We share a mutual desire to resolve disputes prior to arbitration or litigation.
• Systech provides a single-point solution construction dispute service with its Claims Consultancy, its Expert Witness Services, and its Law Practice.
• We assist contractors' in-house teams by providing resources with the required expertise and necessary experience to prepare credible claims.
• We also provide project execution personnel to manage procurement, cost, time, and contractual compliance to maintain appropriate records, thus enabling our clients to have the appropriate ammunition for successful claims when the event arises.
• Discreet legal opinion available as required on an ad hoc basis from Systech Law.

Scope of services we provide:

• Systech Expert Witness Services can provide "dirty" experts to carry out the following wide range of services:

  • Advising on and assisting with preparing claims to litigation or arbitration standard.
  • Providing advice on identifying and assisting with compiling relevant evidential records required to support a claim.
  • Expert advice on claims and case strategy, working together with the contractors' project team.
  • Assisting in preparing claim narratives, analysis and calculations to litigation or arbitration standard to support and demonstrate our client's claim.
  • Provide an objective assessment of the merits of the case.
  • Support in settlement negotiations and other informal dispute resolution processes to attempt to settle a dispute.

Our Expert Witnesses

Our quantum and delay experts come from a wide range of backgrounds, but one thing that they all have in common is hands-on experience with international contractors. They are highly credible, in-demand professionals who are capable of both understanding and resolving what are often extremely complex and detailed disputes. Many of our experts have experience in giving evidence under oath, having been called to do so in their area of expertise. Our experts work as a team to provide an excellent level of service tailored to each particular client's needs.

For further details of Systech's Expert Witness offering please contact:

Paschal Baugh

Graeme Thomas

Dai Edwards