Services — 06
Expert Witness & Adjudication (NSW SOPA)
When commercial issues escalate, clear and credible expert input becomes critical. We provide expert witness services and adjudication support focused on precision, independence, and defensibility. Our work supports parties in articulating complex quantum and contractual issues in a manner that withstands scrutiny across adjudication, mediation, arbitration, and litigation.
What we do
Credible, Independent Expert Evidence
We provide independent expert advice and reporting across a range of construction disputes. Our approach is grounded in contract, contemporaneous records, and transparent methodology. We understand what tribunals, adjudicators, and courts expect: clarity of reasoning, independence of opinion, and evidence that can be tested and relied upon. Expert appointments are personal — tribunals appoint a named individual, not a firm. Our expert witness work is led by Malachy Mullin MRICS ACIArb, whose profile and capability statement are available for counsel to assess. Where we act as expert witness, we act independently; party-side support is a separate engagement, and we do not do both on the same matter.
- 01Quantum Expert Evidence — independent assessment of loss and expense, variation valuations, and damages calculations, supported by forensic analysis and clear methodology
- 02Delay & Disruption Analysis — integration of delay and disruption analysis with quantum assessment, supported by programme information and specialist planning input where required
- 03Contract Interpretation — expert opinion on contractual entitlements, payment mechanisms, and the commercial intent of disputed provisions, informed by industry practice and project context
- 04Joint Expert Conferences — preparation for and participation in expert conclaves, including narrowing of issues and development of clear joint statements where appropriate
Payment Claims & Adjudication Support
Security of Payment Strategy & Support
We are frequently engaged by contractors and subcontractors directly to assist with payment claims and payment schedules, often with the objective of avoiding adjudication through properly structured claims and robust substantiation. Statutory timeframes under the Act are short and unforgiving, for claimants and respondents alike — engage before you serve a payment claim or respond to one, not after. We act on both sides: preparing claims and applications for claimants, and building fully evidenced payment schedules and adjudication responses for respondents.
Payment Claim Preparation
Strategic preparation of payment claims in accordance with Security of Payment legislation, supported by clear substantiation and contemporaneous records to strengthen entitlement and reduce dispute risk.
Payment Schedule Responses
Preparation of comprehensive payment schedules for respondents, identifying deficiencies, managing exposure, and protecting positions in the event of adjudication.
Adjudication Applications
Support for adjudication applications where escalation is unavoidable, including quantum substantiation, contractual analysis, and coordination with delay and expert inputs.
Adjudication Responses
Preparation of detailed adjudication responses addressing each claimed head of entitlement, supported by records, analysis, and expert input as required.
How We Support Legal Teams
A Resource for Counsel
We work alongside solicitors and barristers to support dispute strategy with robust commercial and quantum analysis. Our role is to assist legal teams by clarifying issues, strengthening evidence, and coordinating expert inputs where required, ensuring alignment with the broader case strategy.
- 01Early case assessment and quantum scoping to inform dispute strategy
- 02Preparation of expert reports aligned with procedural rules and practice directions
- 03Review and critique of opposing expert evidence
- 04Assistance with discovery and information requests on quantum issues
- 05Coordination with specialist experts where oral testimony or additional expertise is required
- 06Ongoing support through hearings and post-determination analysis as required
Typical engagements
Where We Add Value
Our expert witness and adjudication services are engaged across the full spectrum of construction disputes, from early commercial intervention through to formal determination. We focus on providing practical, defensible support that assists parties in understanding risk, exposure, and resolution pathways.
Arbitration & Litigation
Expert quantum and commercial evidence to support domestic and international arbitrations, court proceedings, and specialist construction lists.
SOPA Adjudications
End-to-end strategic support for claimants and respondents under Security of Payment legislation across Australian jurisdictions.
Mediation Support
Pre-mediation quantum analysis, settlement range assessment, and support during commercial negotiations to facilitate resolution.
Early Neutral Evaluation
Independent assessment of quantum and exposure to assist parties in understanding risk and informing settlement decisions.
Ready to Discuss an Instruction?
Whether you require early expert input to avoid escalation or formal support for an adjudication or dispute, we are ready to assist. Contact us to discuss your requirements and how we can support your matter.