As construction expert practice continues to evolve we examine the importance of data expertise in claim and expert evidence preparation, and how data professionals are creating tangible intellectual property, driving client value and enabling experts so they can navigate and analyse vast volumes of unstructured project records and data.

In the first The Future is Now article, we learnt how manual working practices were being rendered obsolete as expert practitioners were overwhelmed by the rapidly increasing volumes of project data and records. We also introduced the technologies and context in which they are being applied.

Construction experts face the challenge of locating and reviewing relevant records while grappling with the escalating volumes of project data and unstructured records. Unfortunately, the majority of their time and resources are consumed by the tasks of discovery and data extraction, rather than subject matter expertise-centric analysis and reporting.

Forward-thinking practices have recognised the need for data experts who can use available technology effectively. By harnessing these technological tools, data experts streamline the discovery process and enable efficient expert analysis and reporting, optimising the use of time and resources.

Where Data Expertise is Applied

Information governance, the data expert evaluates existing processes and procedures and makes recommendations for improvement. They advise on compliance with contractual data requirements and associated risk, and on methods and tools to improve 3rd party information management.

Technical liaison and informed information requests, the data expert takes an holistic approach to understanding the project and client information landscape, and application architecture to identify relevant structured data sources and data flows with evidential value. In addition, they advise experts on the use of common construction tools including document management, legal review and hearing management platforms.

Analytical optioneering, the data expert attends project kick-off meetings to assist with early assessment of evidence, to discuss applicable technology, and to provide analytical expertise. They advise on methodology, potential bottlenecks, and of any challenges or potential alternatives gleaned from an initial review of the available data.

Client-side discovery advice, the data expert liaises with counterparts in client organisations to help ensure the fitness for purposes of records for the intended analyses. This ensures the most appropriate record and not simply the easiest to recover. The data expert also provides general advice on data collection and transfer via company systems and how they are designed to improve cybersecurity and minimise hidden client costs.

Document processing and search solution, the data expert oversees the company’s 3rd party data management solution, troubleshooting, providing training and liaising with the vendor. They collaborate with construction experts to provide regular expressions for automated data extraction and advise on alternatives for especially challenging records.

Document classification, expedited gap filling and Technology Assisted Review, the data expert advises construction experts on manual and AI-assisted methods for document classification and expedited gap filling. As certified AI modellers they train models to classify documents by type and based on relevant issues and advise on the potential commercial applications of the captured IP.

Complex data aggregation and cost modelling, the data expert acts as a quantum expert and harnesses a toolkit of data extraction and manipulation tools to programmatically extract, normalise and combine data from a multitude of contemporaneous records into master quantum schedules in support of claims or expert evidence.

Analysis design and implementation, the data expert has a comprehensive understanding of analytical objectives. They take into account factors such as available evidence, resources, time constraints, and budget when designing quantum methodologies or conducting ad-hoc analyses for experts from various disciplines. They effectively manage the implementation process and troubleshoot any challenges that arise, ensuring timely completion even under tight deadlines.

Critical evaluation quantum methodologies, the data expert will, with scientific rigour and in their capacity as an expert, critically evaluate quantum methodologies against professional standards, e.g. RICS or CPA, accepted industry practice e.g., government-recognised sample design and legal standards e.g. the Daubert Standard.

De-globalisation of claims, in evaluating claims, the data expert focuses their experience and understanding of a client's information landscape working collaboratively with clients and experts to collate disparate evidence to de-globalise claims. This may be on a discrete basis or in the course of acting as a quantum expert.

Report and appendices preparation, the data expert is capable of documenting complex analyses for inclusion in expert evidence and drafting reports and preparing supporting appendices in formats recognised in formal proceedings.

Data expert witness services, the data expert will typically have significant experience in engineering and construction dispute resolution and will be trained to act as an independent expert to comply with civil procedure and arbitral rules, take instructions and provide construction data expert evidence in formal proceedings.

Practice innovation, the data expert provides insight into technology with practical applications within expert services and writes business cases for investment including for R&D into emerging technologies. They also contribute to competitor analysis and change management.

Summary

Data expertise touches nearly every aspect of expert practice. The data expert’s role is to harness technology and enable experts of all disciplines to overcome the challenges of creating and presenting compelling evidence. The expert providers that will succeed in future are not those that abjectly refuse to change the status quo but those that recognise the data skills shortage is eroding client value and competitiveness.