It’s a given that we must do sufficient forensic investigation to resolve the dispute or settle the claim. Sometimes that can be as little as a low cost virtual visual site assessment. (Refs 1, 2) Particularly, if the direction that the investigation seems to be heading is sufficient for the parties involved. A detailed investigation is not always necessary.
I thought, this low cost method, a virtual visual site assessment, must be reflected in the Principles. (Ref. 3) It fits in well with the different ways an expert can be retained (Ref. 4) as commented on in Principle 5 in the Principles.
This method came to mind several times in the last few months after COVID-19 hit. It also reflects the intent of the rules governing experts brought in a few years ago – to work disputes out and stay out of court, (Civil Procedure Rule 55 in Nova Scotia), and I imagine even avoid the expense of Alternate Dispute Resolution (ADR).
I’ve updated the Principles by revising the Comment on Principle #5. You can see the updated Principles governing the cost control of dispute resolution and claim settlement involving experts. Posted July 30, 2019 by scrolling to the July date at www.ericjorden.com/blog
References
- What can you get from virtual visual site assessment about the cause of a leaning retaining wall? Posted November 13, 2020
- A Bundle of Blogs: On using visual site assessment in forensic investigation. Posted January 25, 2021
- Principles governing the cost control of dispute resolution and claim settlement involving experts. Posted July 30, 2019
- How to retain an expert in a cost effective way. Posted November 30, 2018
(Posted by Eric E. Jorden, M.Sc., P.Eng. Consulting Professional Engineer, Forensic Engineer, Geotechnology Ltd., Halifax, Nova Scotia, Canada March 18, 2021 ejorden@eastlink.ca)