Case Study Lessons from Zweite M/S “Philippa Schulte” Shipping GmbH v PSA Corp Ltd for Delay Experts
The Zweite M/S “Philippa Schulte” Shipping GmbH v PSA Corp Ltd [2012] SGHC 135 case highlights essential lessons for Delay Experts and Quantity Surveyors.
The court’s review of expert witnesses in this dispute underlines the importance of professionalism, impartiality, and practical experience in providing expert evidence.
Case Background
The plaintiff alleged that the defendant caused damage to their vessel by negligently dropping a hatch cover. The court examined the expert evidence presented, highlighting several shortcomings in the experts’ approach to evidence collection, analysis, and presentation. These issues offer valuable insights for Delay Experts and professionals involved in delay analysis.
Key Lessons for Delay Experts and Delay Analysis
Collect Firsthand Evidence
One of the plaintiff’s experts, Captain Jonathan Lee, failed to visit the site or examine the physical elements involved, such as the crane and hatch cover. Instead, he relied on second-hand reports and photographs.
For Delay Experts: Always conduct site visits and collect primary data where possible. When performing delay analysis, examine project schedules, progress reports, and site conditions yourself to ensure accuracy and reliability.
Why It Matters: Firsthand evidence strengthens the credibility of your analysis and ensures your findings are grounded in real project conditions.
Remain Objective and Impartial
The court found that Captain Lee selectively used evidence that supported the plaintiff’s case, ignoring material that could contradict it.
Best Practice for Delay Experts: A key part of effective delay analysis is considering all available evidence, even if it does not support your client’s position. Courts value impartial experts who can present balanced, unbiased opinions.
Why It Matters: A lack of impartiality can undermine your credibility as a Delay Expert and reduce the weight of your evidence in court.
Be Transparent About Prior Opinions
Another expert, Dr. Sykes, had provided opinions on the incident in earlier reports but failed to disclose this to the court. This lack of transparency raised doubts about his impartiality.
For Professionals: If you have been involved in related matters or formed earlier opinions, disclose them openly. Transparency builds trust and avoids any perception of bias.
Follow Professional Standards
The court criticised both experts for failing to adhere to established standards, leading to weak and unstructured reports.
For Delay Experts: Use recognised methodologies like the Society of Construction Law’s Delay and Disruption Protocol. Techniques such as Time Impact Analysis or As-Planned vs As-Built comparisons ensure your delay analysis is systematic and defensible.
Why It Matters: Adhering to professional standards ensures your analysis is robust and more likely to stand up to scrutiny.
Practical Experience is Vital
The case highlights the importance of real-world experience in project delivery. Theoretical knowledge alone is not enough to provide reliable and realistic expert evidence.
For Delay Experts: Hands-on experience in managing or analysing project delays equips you with the insights needed to understand how delays happen and how they impact construction projects. Real-world involvement also improves your ability to assess schedules and evaluate delay claims.
Why It Matters: Courts value experts who can demonstrate a deep understanding of construction practices and project challenges. Practical experience helps you deliver evidence that reflects the realities of the industry.
Why These Lessons Matter for Delay Experts
Andrew McKenna | Executive Director - Delay and Planning
The role of a Delay Expert helps resolve disputes over project delays. Your credibility depends on thorough evidence collection, impartial analysis, and adherence to recognised standards. Drawing on hands-on project delivery experience ensures your delay analysis is realistic, practical, and robust.
By applying these principles, Delay Experts can provide high-quality analysis that supports fair and effective dispute resolution. Whether you’re assessing delay causes, quantifying impacts, or presenting findings in court, these lessons help you deliver reliable, professional results.
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