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CLW
CLW expert witness investigation on a waterproofing dispute

Defect Investigation & Dispute Resolution

Waterproofing disputes, resolved.

Expert Witness. Academy of Experts. BS 8102 committee member. £10m+ dispute experience. 100% independent.

Waterproofing related defects in buildings and infrastructure are all too common. But where is the water coming from and who is responsible? Causes are numerous and could include any or a combination of: condensation, ventilation, heating, insulation, vapour control layers, plumbing, concrete compaction, waterproofing design, material failure, flooding, drainage, ground conditions.

Because of this complexity getting to the root of the true issue in a credible and authoritative manner can save considerable expense and time. CLW are tried and tested experts in structural waterproofing and have significant experience in designing and diagnosing water related defects in basements, roofs and civil structures.

Expert Witness

Trained and assessed by the Academy of Experts.

Our Technical Director, Ben Hickman, is an experienced Expert Witness. He is an industry authority having been involved in writing CIRIA guidance on blue roofs, sat on the committee reviewing British Standard 8102 and contributed to NHBC technical standards.

Ben's experience includes:

  • a £10m international arbitrations relating to leaking tunnels
  • multi-storey basement water ingress disputes relating to design and workmanship failure
  • a series of 10+ roofs with a consistent ingress defect resulting in a claim of £10m
  • single joint expert witness statements etc.

Ben's expert subjects include: basement waterproofing, dampness in buildings and buried decks (blue roofs, green roofs, podium decks).

Defect Diagnosis

Investigate before you repair.

Water ingress wreaks havoc on buildings and infrastructure. Too often, however, repairs are attempted before the causes are properly understood. This can waste money, time – and even make matters worse.

In contrast, our experts will thoroughly investigate waterproofing defects. Our understanding of the design process helps to establish as-built details and dig into the areas most likely to suffer defects. So you can be sure you're paying for the correct repairs to be implemented.

We have investigated defects in many roofing systems, as well as managing laboratory testing of samples to determine crack-bridging capabilities of installed systems. We are also experienced in basement design and construction, looking at drained cavity systems and concrete. Working closely with Vector Leak Consultants, we offer a unique system to identify leak locations in buried structures. We are also an approved NHBC contractor and have worked for the aftercare teams of a number of Tier One contractors.

Advice

Independent, credible third-party opinion.

Disputes are a common feature in the construction industry – and particularly when it comes to waterproofing. In these situations, an independent and credible third party can provide important value in understanding the range of opinions and revealing the most important issues. Which is where we come in.

We aren't just waterproofing specialists involved in design, best practice development and defect diagnosis. We're also professionals with experience in contract administration and dispute resolution. Our advice service varies with each situation but commonly includes information gathering and review, site investigations and provision of comprehensive advice notes.

Expert Determination

Cost-effective, rapid, private.

Expert determination is a contractual dispute resolution system whereby parties agree to be bound by the view of an independent expert. It is cost effective, rapid and private.

Disputes that are well suited to expert determination are often quite specific. For example, a contractor may believe they have delivered waterproofing to the specified standard but another party disagrees. In that situation, we could give an expert determination, allowing for rapid resolution of the dispute, without delaying the overall project.

Trained and assessed by the Academy of Experts, our Technical Director, Ben Hickman, is an experienced and credible authority in determining various waterproofing issues.

Frequently asked

Waterproofing disputes and expert witness work.

Direct answers to the questions clients, solicitors and insurers ask before instructing an independent waterproofing expert.

What does a waterproofing expert witness actually do?
An expert witness gives the court, tribunal or adjudicator an independent technical opinion on what went wrong, why, and what it will take to put right. In a waterproofing dispute that means establishing the as-built construction, identifying the water path, separating design failure from workmanship failure from maintenance or use, and setting the findings against BS 8102:2022 and the specification that applied. The duty is to the tribunal, not to the party paying. CLW’s Technical Director, Ben Hickman, is trained and assessed by the Academy of Experts and has acted in disputes exceeding £10m, including as single joint expert.
Who is responsible when a basement leaks: the designer, the contractor or the product?
It depends on what the contract allocated and what the evidence shows, and the two are often different. Water ingress can come from waterproofing design, installation workmanship, material failure, concrete compaction, drainage, plumbing, ground conditions or condensation, and frequently from a combination. The investigation has to establish the actual cause before liability can be argued. Where the waterproofing was designed by a specialist contractor tied to a product, the design and installation responsibilities are often entangled, which is one reason independent design is recommended under BS 8102.
What is expert determination and when is it better than litigation or adjudication?
Expert determination is a contractual process in which the parties agree to be bound by the decision of an independent expert on a defined technical question. It is private, quicker and usually far cheaper than litigation, and it suits narrow disputes: for example, whether a waterproofing installation meets the specified standard, or whether a defect is attributable to design or workmanship. It is less suitable where the dispute turns on contract interpretation or wider legal issues rather than technical fact. Ben Hickman is a registered member of the Academy of Experts (MAE) and provides expert determinations on waterproofing disputes.
How do you investigate a failed basement waterproofing system?
Investigate before repairing. CLW starts with the design and construction record to establish what should have been built, then inspects to establish what was built, then traces the water path rather than the symptom. That can include opening-up, water testing, laboratory testing of samples, and electronic leak location in buried structures with Vector Leak Consultants. The output is a written diagnosis that identifies the cause and the responsible element, which is what makes the subsequent repair, claim or negotiation defensible.
Can CLW act as a single joint expert?
Yes. Ben Hickman has been appointed as single joint expert in waterproofing disputes, where both parties instruct one independent expert and the report is addressed to the court. Single joint expert appointments require demonstrable independence: CLW holds no product affiliations and takes no commercial benefit from any waterproofing system, which is also why the firm is appointed to design waterproofing independently of contractors.
Why instruct an independent consultant rather than a waterproofing contractor to investigate a defect?
A contractor asked to investigate a failure has a commercial interest in the answer: either their own system is involved, or they would like to supply the repair. An independent consultant has neither. CLW’s opinion is formed from the evidence and from BS 8102:2022, on whose BSI committee Ben Hickman sat as a contributing member, and it carries weight with tribunals and insurers because of that independence. The same independence is why CLW’s findings can be relied on by both sides.

Need Expert Dispute Resolution?

Our Technical Director is an experienced Expert Witness, trained and assessed by the Academy of Experts. Get authoritative, independent advice.

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