If the parties cannot resolve the issues and proceed to litigation, the Consultants who have provided the reports may be required to attend Court or a Tribunal. The Building Consultant will carefully prepare for Court or Tribunal hearings with a view to clearly explaining opinions given in their Expert Report. This is called giving Expert Evidence.
During the litigation process, a Scott Schedule may also be required. A Scott Schedule is basically a list of the items in dispute and is most often used in the settlement of property, landlord and construction disputes. One party, usually the person(s) making the claim, prepares the schedule (or is ordered to prepare the schedule by a court or tribunal or adjudicator or referee etc.).
The schedule will have several columns for detailing what is being claimed, comments, costs/estimates of loss for both the applicant and respondent, then another for the Judge’s or Member’s comments. A Scott schedule is often exchanged two, three or more times between the disputing parties’ representatives, usually independent experts, leaving a shorter list for the court to decide upon. Property Reports are very experienced in this process.