Author(s): Markus Vogel

Abstract: Construction-related disputes increasingly rely on building survey evidence to clarify technical causation, responsibility, and loss. Surveyors are frequently appointed as expert witnesses to interpret defects, non-compliance, delays, and workmanship quality within complex contractual and legal frameworks. This case-based review examines how building survey evidence is generated, evaluated, and applied during dispute resolution processes, including litigation, arbitration, and alternative dispute mechanisms. Emphasis is placed on the reliability of inspection methods, documentation practices, and the interpretation of physical building conditions over time. Drawing on representative dispute cases reported in professional and legal literature, the review analyses common categories of disputes such as structural defects, moisture ingress, material failures, and deviation from specifications. The paper highlights how evidential strength is influenced by survey timing, access limitations, record completeness, and the surveyor’s methodological rigor. Particular attention is given to the interface between technical findings and legal standards of proof, admissibility, and expert impartiality. The review further explores recurring challenges, including conflicting expert opinions, retrospective defect analysis, and the limitations of visual inspection alone. By synthesizing case outcomes, the research identifies patterns in how tribunals and courts assess survey evidence credibility and weight. The findings demonstrate that well-structured survey reports, supported by clear reasoning and contemporaneous records, significantly improve dispute resolution efficiency and fairness. This review contributes to construction practice by offering insights into evidential best practices for building surveyors engaged in dispute contexts. It also provides a reference framework for legal professionals seeking to evaluate technical building evidence critically. Overall, the research underscores the importance of systematic survey methodologies in achieving defensible, transparent, and legally robust outcomes in construction-related disputes. These insights collectively support improved professional standards, reduce adversarial uncertainty, and promote more consistent, technically informed decision making across diverse dispute resolution forums within the contemporary construction industry internationally and across varied project scales.

DOI: 10.22271/2707840X.2026.v7.ia.50

Pages: 01-04 | Views: 2 | Downloads: 1

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