“Engineering expertise” holds significant prominence within arbitration because it must provide satisfactory enlightenment to arbitrators regarding the expert object from a technical standpoint, seeking to highlight relevant aspects of a claim or position of the parties. Consequently, it constitutes evidence that will always be subject to the observation and contradiction of the parties, as well as the assessment of the arbitrators within the principle of the unity of evidence.

The particularity of engineering expertise lies in the type of specialized technical information it provides to arbitrators, free from bias and only capable of being provided by those with the necessary professional knowledge. The object of the expert evidence consists of questions that cannot be answered by the arbitrators themselves. Therefore, the expert, through their report, provides the tribunal with the necessary technical knowledge for the evaluation of the disputed facts, ensuring technical and objective impartiality in the issuance of the expert opinion.

What role does the engineering expert play in construction?

The role of the engineering expert in expert reports is to provide a crucial expert opinion to the adjudicator who lacks technical knowledge and who will have the task of evaluating the conclusions of the expertise, obviously after addressing the observations of the parties and the expert hearing with the respective questions and observations of the arbitrators.

We observe that the way to bring knowledge into the arbitration process of disputes is through the expert report of engineering, where a judicious and logical appreciation of the facts by the arbitrators is almost impossible without the use of some technical knowledge. Consequently, engineering expertise will always involve the assistance of technical experts or experts, who are not supposed to have an interest in the outcome of the claim because the purpose of the expertise is different and independent from the interests of the parties and their lawyers in the arbitration process.

Future of engineering expertise

Engineering expertise services have seen positive evolution in the development of expertise in this field, benefiting from the support of technology in software and new methodologies that have strengthened progress in this area. It is expected that they will continue to consolidate in the future through the contribution of organizations such as the Latin American Circle of Construction Expertise – CLAPEC, which aims to be “facilitators of the best methodological standards for the development of expert reports in construction, a mandatory reference in Latin America, from which ideas and knowledge are exchanged through various discussion and debate forums, and the application of the best existing practices related to the development of construction expertise is promoted.”

Why is Anetric different from other services?

Our professionals in dispute resolution in the construction industry provide expert advice and impartial opinions. We develop practical solutions as well as robust analyses of delays and cost overruns.

We present conclusions clearly, concisely, and objectively. We provide testimony in a wide variety of forums, including specialized regulatory commissions. Owners, contractors, capital providers, and their attorneys rely on our conclusions to make informed decisions in complex matters.