International Construction Law Review
WHAT MAKES A SOUND QUANTUM ANALYST?
FRANCO MASTRANDREA
LLB (Hons), MSc, PhD, FRICS, FCI Arb, Barrister
Introduction
My objective in this article is to identify and describe what seem to me to be the qualities, skills, and methods of working of the sound quantum analyst.
By “quantum analyst” I mean the financial appraiser of construction claims. I do not mean the tribunal charged with deciding a construction dispute; the person I have in mind usually acts as a quantum expert. By “construction claims” I mean claims against under-performing professionals, defects claims, claims for components of the contract price, termination claims or, more frequently, delay and disruption claims. As someone who himself practises in this field, I declare an interest.
The single factor likely to be uppermost in the minds of those involved in the resolution of construction claims is the financial worth of those claims. The quality of the quantum analyst can therefore be of the first importance in their satisfactory resolution.
Let me immediately set out what I consider to be the core qualities required. The sound quantum analyst is well-informed yet inquisitive. He is creative, and motivated to trace a problem down to its essential components. He will search for gaps, hypothesise about missing material, and explore justifiable answers.
The role of the quantum analyst
This summary may be thought to conceal a potential tension between expertise in matters to do with quantum, and the discharge of the role of quantum expert.
In England, an expert witness (sometimes called a “testifying expert”) is someone who has been instructed to prepare or give expert evidence for the purposes of contested proceedings. He owes an overriding duty to the tribunal, regardless of the interests of those from whom the expert has received his instructions, or by whom he is paid.1
His work should be independent, uninfluenced as to form or content by the exigencies of litigation.2
1 Part 35 of the Civil Procedure Rules addresses the work of such an expert in relation to court proceedings.
2 See the speech of Lord Wilberforce in Whitehouse
v. Jordan
[1981] 1 All ER 267 (HL).
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What Makes a Sound Quantum Analyst?
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