Expert evidence is frequently used in civil matters as a method of quantifying loss, establishing breaches and assessing causation.
Such evidence is becoming more and more commonplace in the resolution of disputes as there is a strong appetite for factual evidence to form the basis of determination.
Cases relating to concrete disputes require specialist technical assessment.
The importance of an expert well versed in the complexities of concrete should not be underestimated.
Key factors affecting concrete quality
There are many variables which can have both desirable and undesirable effects, which can be the difference between a rock-solid foundation and being left with an unusable mess.
Some of these factors include:
- Over, or under compaction of the concrete mix
- The proportions of the concrete mix
- External factors such as water ingress
- Use of the correct equipment to mix and compact the concrete
The risks of over or under compaction
Over or under compaction of the concrete mix can result in the mix segregating.
Compaction should be undertaken carefully. There is often a ‘sweet spot’ of time where the concrete will be appropriately mixed.
It is therefore crucial not to simply leave equipment, such as poker vibrators, running without supervision or care.
To do so could undermine a whole project, giving rise not just to costs in replacing the concrete, but the removal of the botched area.
Not only can this result in segregation, but air pockets can remain in the concrete, which can have a dramatic effect on the compressive strength.
Entrapped air may reduce the compressive strength of the concrete by up to 90 per cent.
Managing external factors to minimise risks
External factors may be beyond your control, however there are steps that can be taken to minimise these risks further.
Laying a membrane beneath slabs or around foundations will proactively prevent water ingress from damaging your concrete mix. Ensuring that there is adequate drainage surrounding the concrete will also prevent future ingress.
The role of the expert in assessing compressive strength
An expert instructed on a concrete claim will need to have sufficiently examined the concrete at the heart of the dispute and will often be required to provide estimations as to the compressive strength had certain factors been altered.
For example, if a concrete mix was provided to have a strength of 25N/mm2, but a core sample revealed that the compressive strength was only 10N/mm2, an expert will be required to determine if the mix was suitable in the first place, and what has caused the reduction in strength.
On face value, it could be easy to assume that the mix provided was simply inadequate and therefore a supplier could be on the receiving end of a claim.
Determining liability through expert analysis
Untangling the many limbs that will affect the final product is the only way of determining where the true liability in any breach lies.
Instructions to the expert should be clear and concise.
Any suspicions surrounding the process of laying the concrete should be flagged, and preferably, evidenced, to aid any calculations relating to the loss of strength.
It is therefore vital when on site to record exactly what was done, by whom, and for how long.
Choosing the right expert in a concrete claim therefore can very much make or break your prospects of success in litigated claims.
At Dyne Solicitors we specialise in Environmental Disputes. We offer advice and representation for regulatory, commercial and property litigation in the environmental and waste sectors. For more information, please contact Alex Sandland or Patrik Jones-Wright.