Nick Barham, MEng (Hons), CEng, FIStructE, MICE
Technical Director
SERVICES GROUP
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Expert QuestionS & AnswerS
After 25 years in dispute resolution, what’s the most common mistake you see parties make early in a dispute that weakens their position later?
I have seen several examples where an instructing party will focus their attention on the alleged failings of the other party or parties, without properly considering their own contribution to the issues. This means they get a less well rounded view of the dispute, and may make sub-optimal decisions about how to proceed.
Structural defect disputes often involve competing expert opinions on cause and remedy — what’s your approach to producing a technical opinion that withstands rigorous cross-examination?
I try to constantly question and challenge my own opinion by considering alternative explanations, and testing whether the evidence really supports my conclusions. I consider alternative causes, and ask myself; “If I had been instructed by the other party, would I reach a different conclusion, and why?”. This helps ensure my opinion is driven by the evidence and engineering principles, and my reasoning is transparent and logical.
What do you wish more people understood about turning complex structural engineering evidence into a clear, independent expert opinion?
This is actually one of the most enjoyable parts of the process. Taking complex evidence and distilling it into a clear, logical explanation that can be easily understood is challenging but very rewarding. Selecting the right words, and supporting them with the appropriate photos, sketches and diagrams can make a bit difference in how effectively a point is communicated. When all those elements come together in a report that is technically rigorous but also clear, that is very satisfying.
Background
Based in Rimkus’ London office, Nick supports both the UK and Singapore markets while continuing to lead the technical team in Singapore.
Nick is a chartered civil and structural engineer and a testifying expert witness, with over 25 years of experience in the construction industry. He started his career working on construction sites and for a multi-faceted design consultancy, before focusing on forensic engineering, dispute resolution, and expert witness work.
Nick has been involved in the forensic examination and appraisal of a wide range of civil and building technical and contractual issues and has advised lawyers, government agencies, employers, engineers, contractors, and insurers. He provides dispute resolution assistance, advice, and expertise, reporting on technical issues for submission in court proceedings and for exchange in adjudication and arbitration hearings. He takes part in mediations, settlement negotiations, and expert discussions, and has been cross-examined in court and arbitration hearings. Nick is also regularly responsible for the design of new build and remedial schemes.
Nick is a Recommended Expert in Lexology Index’s Construction – Future Leaders research. His peers say he “gives clear advice about the key issues that must be considered” and that he has “strong analytical and presentational skills.”
Education and Certifications
- Civil Engineering, MEng (Hons): University of Nottingham (1999-2003)
- Civil Expert Witness Certificate: Cardiff University Bond Solon (2022)
Associations and Memberships
- Chartered Engineer: Engineering Council (CEng)
- Fellow: Institution of Structural Engineers (FIStructE)
- Member: Institution of Civil Engineers (MICE)
- Member: Society of Construction Law (SCL)
- Member: The Academy of Experts (TAE)
Publications
- Barham, Nick. “Design Engineer vs Forensic Engineer vs Expert Witness.” Society of Construction Law (Singapore). 24 October 2024.
Contact Information
Testimony Experience
- Arbitrations
- Hearings
- Mediations
- Trials