Instructing SUMIT
An independent expert appointment starts with a conflict check. A commercial matter starts with a call.
Independent
Instructing a quantum expert
- 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.
- 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.
- 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.
- 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.
- 05
Fees
Independent work is charged by the hour. Fees are never conditional on the outcome of the proceedings.
- 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.
| Basis | Used for |
|---|---|
| By the hour | Ad hoc advice, contract questions and reviews, billed by the hour |
| By the day | Short-term support or a long-term role embedded in your project team |
| On retainer | Standing support across a portfolio or a contract, on call each month |
| Fixed fee | A 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