Professional terms of engagement for expert witness services
Last Updated: January 4, 2024
These Terms and Conditions ("Terms") govern the provision of professional surveying and expert witness services by Expert Witness Surveyor ("we", "us", "our", or "the Company") to clients ("you", "your", or "the Client").
By instructing us to provide services or using our website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not instruct us or use our services.
Expert Witness Surveyor is a professional practice of chartered building surveyors registered with the Royal Institution of Chartered Surveyors (RICS). We provide expert witness services and professional surveying services in accordance with RICS standards and regulations.
Professional Registration: RICS Registered Expert Witness
Professional Indemnity Insurance: We maintain appropriate professional indemnity insurance as required by RICS.
Our expert witness services include but are not limited to:
We also provide standard professional surveying services including property surveys, condition reports, and technical advice.
The exact scope of work will be defined in our letter of engagement or terms of appointment specific to your matter. These Terms supplement any specific engagement letter.
Our engagement begins when we issue and you accept our letter of engagement, or when we commence work with your implied or express consent.
Our client is the party who instructs us and is responsible for payment. This may be:
We will not accept instructions where there is a conflict of interest. We undertake conflict checks before accepting any instruction. If a conflict arises during our engagement, we will notify you immediately and may be required to cease acting.
We are required to conduct due diligence and verify client identity in accordance with Money Laundering Regulations. You agree to provide requested identification documents promptly.
When acting as expert witnesses, our overriding duty is to the court or tribunal, not to the party instructing or paying us. This duty is mandated by Civil Procedure Rules Part 35 (CPR 35).
We provide independent, impartial, and objective expert evidence based on our professional expertise and experience. We do not act as advocates for any party.
All expert reports will include the required CPR 35 declaration confirming our understanding of our duty to the court and that we have complied with that duty.
We may be required to engage in discussions with opposing experts and prepare joint statements identifying areas of agreement and disagreement. You consent to such discussions when instructing us.
You must provide us with complete, accurate, and timely information and documentation necessary for us to perform our services. This includes:
You warrant that all information provided to us is true, complete, and accurate to the best of your knowledge.
Where site inspections are required, you are responsible for arranging appropriate access to properties. We are not responsible for delays caused by access difficulties.
You agree to respond promptly to our queries and requests for information or instructions. Delays in your responses may affect our ability to meet deadlines.
Our fees may be charged on the following bases:
Quotations are valid for 30 days unless otherwise stated. Estimates are indicative only and not binding. If work exceeds estimated costs, we will notify you promptly.
You are responsible for reimbursing reasonable disbursements and expenses incurred in providing our services, including:
All fees are subject to VAT at the prevailing rate unless otherwise stated.
Invoices are payable within 30 days of invoice date unless otherwise agreed. We reserve the right to:
We may require payments on account before commencing work or at intervals during the engagement, particularly for substantial instructions.
We will perform our services with reasonable skill and care in accordance with standards expected of competent chartered building surveyors and RICS regulations.
We maintain appropriate professional indemnity insurance covering our services. Details of our insurance coverage are available on request.
Our liability is limited as follows:
We are not liable for losses arising from:
While you have the right to use our reports for the purposes for which they were commissioned, we retain intellectual property rights in all reports, documents, and materials we produce.
Our reports are prepared solely for your use and the specific purpose instructed. Third parties may not rely on our reports without our express written consent. We accept no liability to third parties who use our reports without authorization.
You may not reproduce or distribute our reports without our prior written consent, except as necessary for the purposes of legal proceedings or as required by law.
We will maintain confidentiality of your information in accordance with RICS professional conduct requirements, subject to the following exceptions:
We process your personal data in accordance with our Privacy Policy and UK GDPR requirements. Please refer to our Privacy Policy for full details.
We retain client files and documents for a minimum of 6 years after completion of services, as required for professional indemnity purposes.
You may terminate our engagement at any time by written notice. You remain liable for:
We may terminate our engagement with reasonable notice if:
In expert witness matters, termination may require court or tribunal permission. We may not be able to cease acting without such permission once proceedings have commenced.
If you are dissatisfied with our services, please contact us in writing. We will acknowledge your complaint within 5 working days and investigate thoroughly, responding within 28 days.
If you remain dissatisfied after our internal complaints process, you may refer your complaint to:
We are committed to resolving disputes through mediation or alternative dispute resolution before resorting to litigation.
Information on our website is provided for general information purposes only. While we endeavor to ensure accuracy, we make no warranties about completeness, reliability, or accuracy of website content.
Website content does not constitute professional advice for your specific circumstances. You should not rely on website information without seeking professional consultation.
Our website may contain links to external websites. We are not responsible for content or privacy practices of third-party sites.
You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of others or restrict their use of the website.
These Terms, together with any letter of engagement and our Privacy Policy, constitute the entire agreement between us, superseding any previous agreements or understandings.
We may update these Terms from time to time. Updated terms will be posted on our website with a revised date. Material changes to ongoing engagements will be communicated to you directly.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it subsequently.
You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign our rights and obligations with notice to you.
These Terms are between you and us. No third party has any right to enforce any provision of these Terms under the Contracts (Rights of Third Parties) Act 1999.
Neither party is liable for failure to perform obligations due to circumstances beyond reasonable control, including natural disasters, war, terrorism, strikes, or government actions.
These Terms are governed by the laws of England and Wales. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of England and Wales.
We comply with RICS Rules of Conduct and professional standards, including:
Our chartered surveyors undertake regular continuing professional development (CPD) to maintain expertise and knowledge of current standards and regulations.
For questions about these Terms or our services, please contact us:
Expert Witness Surveyor
Email: info@expertwitnesssurveyor.com
Phone: +44 20 1234 5678
Address: [Your Business Address]
Contact us to discuss your requirements and receive a formal letter of engagement.
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