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Instructing SUMIT

An independent expert appointment starts with a conflict check. A commercial matter starts with a call.

Independent

Instructing a quantum expert

  1. 01

    Conflict check

    Send the names of the parties and the project, and we check them against our register of engagements. Please do not send documents at this stage.

  2. 02

    Disclosure

    If we have advised a party before, we tell those instructing us and the court or tribunal, and accept the appointment only where we can meet the overriding duty to it. A schedule of our engagements since February 2019 is available in confidence to instructing solicitors on request.

  3. 03

    Terms and letter of instruction

    Our terms of engagement set out the fee basis before work starts. Your letter of instruction sets out the questions for the expert, the documents provided and the timetable.

  4. 04

    Code of conduct

    The expert acknowledges the court's expert code of conduct in writing, and the report states that acknowledgement. Reports follow the RICS professional standard for surveyors acting as expert witnesses.

  5. 05

    Fees

    Independent work is charged by the hour. Fees are never conditional on the outcome of the proceedings.

  6. 06

    Availability

    Once the conflict check is clear, send the timetable and any hearing dates, and ask about current availability.

Instructing a quantum expert? Request a conflict check: malachy@sumitconsulting.com.au

Advisory

Discussing a commercial matter

Facing a notice, a claim or a payment deadline? Call Malachy on 0452 549 257.

Table 1How Advisory work is charged.
BasisUsed for
By the hourAd hoc advice, contract questions and reviews, billed by the hour
By the dayShort-term support or a long-term role embedded in your project team
On retainerStanding support across a portfolio or a contract, on call each month
Fixed feeA defined scope: a claim, a payment schedule, a contract review or a contract administration pack

We act in one capacity at a time on any matter. We do not act as a party's advocate and its independent expert in the same dispute. If we have advised a party before, we tell those instructing us and the court or tribunal, and accept an expert appointment only where we can meet our overriding duty to it.

Discuss your project