Construction Negligence

Our service is exclusively for law firms and barristers handling construction disputes
involving cost overruns, variation claims, or financial loss.

Step 1: Watch the full video below

How we help: We provide independent quantum expert witness services for litigation, arbitration, and adjudication matters - quantifying the financial impact of delay, disruption, or variation claims.

Step 2: Make an enquiry

Albert Merolla JD, MCIBSE, MRICS, MAIPM, is a multi-qualified Chartered Engineer, Chartered Quantity Surveyor, and Registered Adjudicator with over 30- years of experience providing independent expert reports, evidence, and testimony in delay and quantum disputes.

Case Studies & Lessons Learned

The following case studies present examples where law firms engaged Albert Merolla as a Quantum Expert Witness. Each outlines the context of the dispute, the approach taken, and the outcome achieved.

Urban Rail Project –
Change Process Misuse

Urban Rail Project – Change Process Misuse

On a major urban rail EPC, a 540-day delay claim blamed Employer Change Notices, but forensic analysis showed the real driver was replacing the original design house and misusing the contractual change process. Mapping 36 CNs to the critical path reframed the dispute around internal design and process failures, not cumulative change. Read more.

Warehouse Automation -
Delivery-Model Misalignment

Warehouse Automation – Delivery-Model Misalignment

A principal technology provider’s standard teaming model was undermined when a newcomer package was let on conventional lump-sum terms. Misaligned contract and site controls led to disputes, underscoring lessons on briefing teams, supporting PMs commercially, and managing any departures from the agreed delivery model. Read more.

Wind Farm Electrical –
As-Built Misalignment

Wind Farm Electrical – As-Built Misalignment

On a large wind farm, outdated OEM manuals and pre-wired turbine masts clashed with site conditions, driving significant re-wiring and access impacts. Mapping manual versus as-built conditions enabled hour-based valuation of variations and reinforced early treatment of documentation-driven change. Read more.

Albert Merolla – Principal Expert Witness

Albert Merolla –

Principal Expert Witness

When your case depends on clear, defensible valuation evidence, you need an expert who understands both the technical and financial realities of construction disputes.

Albert Merolla is a multi-qualified Chartered Engineer, Chartered Quantity Surveyor, and Registered Adjudicator with over 30 years of experience in delivering independent quantum expert reports and testimony for law firms across complex infrastructure, mining, and building projects.

Albert has acted as a Quantum Expert Witness in litigation, arbitration, and adjudication matters, quantifying the true financial impact of delay, disruption, and variation claims. His evidence has helped law firms present stronger cases, achieve faster resolutions, and avoid costly cross-examination pitfalls.

Before founding Build Conex, Albert worked globally as an engineer, planner, and commercial manager, advising governments and tier-one contractors. He brings that same technical precision and commercial insight to every expert report — ensuring the numbers tell a story the court can trust.

“I provide clarity where complexity and conflict meet — clear, independent quantum evidence that helps lawyers win disputes based on facts, not assumptions.” — Albert Merolla

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Need a Quantum Expert Witness?

We reserve the right to determine whether, how, and when to respond to any calls, emails, or other enquiries. We will only respond to enquiries that are appropriate for the nature of our work. No initial discussion should be taken as an acceptance of instructions or the formation of a commercial relationship.

What Is a Quantum Expert Witness?

In construction and infrastructure disputes, quantum refers to the financial value of a claim — the measurable cost of loss, delay, or variation. A Quantum Expert Witness is an independent professional who analyses that value objectively and explains it to a court, tribunal, or arbitrator.

The role centres on translating complex technical and commercial issues into clear, evidence-based financial conclusions. This evidence helps decision-makers understand how much an issue cost, why it cost that much, and whether those costs are justified.

Key Responsibilities of a Quantum Expert Witness

Assess the financial impact of delay, disruption, and variation claims
Review project records, cost data, and schedules to determine factual costs
Prepare independent expert reports for litigation, arbitration, or adjudication
Provide objective evidence based on recognised valuation methodologies
Assist the court or tribunal in understanding the link between project events and cost outcomes

A credible Quantum Expert Witness must combine technical expertise with financial acumen. With over 30 years of experience, Albert Merolla bridges both through his dual qualifications as a Chartered Engineer (CIBSE) and Chartered Quantity Surveyor (RICS). His reports integrate engineering precision with commercial reasoning — ensuring the financial evidence is defensible and transparent.

What Does a Quantum Expert Witness Do?

A Quantum Expert Witness investigates the financial side of a construction dispute, analysing what occurred, what it cost, and whether the costs claimed align with contractual entitlements.

This process involves methodical examination of data and an ability to communicate findings clearly for legal and non-technical audiences. Albert Merolla’s role often includes reviewing variations, identifying cost causation, and explaining how certain project events affected time and budget.

Typical Tasks of a Quantum Expert Witness

        
                Task
                Description
            
                Document Review
                Examines contracts, correspondence, progress reports, and cost data to establish factual accuracy.
            
                Causation Analysis
                Identifies events that led to cost increases or productivity loss.
            
                Valuation Assessment
                Calculates the quantum (value) of variations, delays, and disruptions.
            
                Report Preparation
                Produces clear, independent expert reports in line with court or arbitration requirements.
            
                Expert Testimony
                Presents findings and defends methodology under cross-examination, if required.

Task	Description
Document Review	Examines contracts, correspondence, progress reports, and cost data to establish factual accuracy.
Causation Analysis	Identifies events that led to cost increases or productivity loss.
Valuation Assessment	Calculates the quantum (value) of variations, delays, and disruptions.
Report Preparation	Produces clear, independent expert reports in line with court or arbitration requirements.
Expert Testimony	Presents findings and defends methodology under cross-examination, if required.

Areas Commonly Analysed

Prolongation and disruption claims
Variation valuations and cost disputes
Quantum meruit (work done without agreed price)
Loss and expense calculations
Productivity and performance analysis

Albert’s expert reports are prepared using recognised techniques such as measured-mile analysis, earned value, and cost-to-complete assessments. This ensures that each conclusion is grounded in evidence and withstands technical and legal scrutiny.

When to Engage a Quantum Expert Witness

Engaging a Quantum Expert Witness early can help law firms control risk and shape case strategy with accurate, defensible evidence. Waiting until late in proceedings can limit the ability to validate data or correct unsupported claims.

A quantum expert should be brought in whenever there is uncertainty about cost entitlement, causation, or valuation accuracy. Early collaboration between the legal team and the expert ensures that the evidence gathered supports both technical and contractual arguments.

Ideal Stages to Involve a Quantum Expert

 
                Stage
                Benefit
            
                Pre-Dispute Review
                Identify potential quantum issues and evaluate exposure early.
            
                Claim Preparation
                Validate cost claims and ensure consistency with contract terms.
            
                Before Proceedings
                Strengthen submissions with independent financial analysis.
            
                During Litigation or Arbitration
                Provide expert testimony and assist counsel in examining evidence.

Stage	Benefit
Pre-Dispute Review	Identify potential quantum issues and evaluate exposure early.
Claim Preparation	Validate cost claims and ensure consistency with contract terms.
Before Proceedings	Strengthen submissions with independent financial analysis.
During Litigation or Arbitration	Provide expert testimony and assist counsel in examining evidence.

Benefits of Early Engagement

Ensures accurate data collection and record-keeping
Reduces time and cost during formal proceedings
Helps define a clear, evidence-based case strategy
Supports credible negotiation or mediation outcomes

Albert’s early involvement often helps narrow the issues in dispute. His independent valuation and forensic analysis clarify what is truly at stake, giving legal teams the confidence to proceed with substantiated evidence.

Why Choose Albert as Your Expert Witness

Choosing the right expert witness directly affects how effectively your case is understood and presented. Albert Merolla offers a unique combination of technical, commercial, and forensic skills developed over more than three decades in engineering, quantity surveying, and dispute resolution.

Albert’s Professional Credentials

        
                Qualification
                Institution
                Focus
            
                Chartered Engineer (MCIBSE)
                Chartered Institution of Building Services Engineers
                Technical and design expertise
            
                Chartered Quantity Surveyor (MRICS)
                Royal Institution of Chartered Surveyors
                Cost valuation and financial assessment
            
                Registered Adjudicator (QBCC)
                Queensland Building and Construction Commission
                Dispute resolution authority
            
                Fellow (FICCP)
                Institute of Construction Claims Practitioners
                Forensic claim and dispute management

Qualification	Institution	Focus
Chartered Engineer (MCIBSE)	Chartered Institution of Building Services Engineers	Technical and design expertise
Chartered Quantity Surveyor (MRICS)	Royal Institution of Chartered Surveyors	Cost valuation and financial assessment
Registered Adjudicator (QBCC)	Queensland Building and Construction Commission	Dispute resolution authority
Fellow (FICCP)	Institute of Construction Claims Practitioners	Forensic claim and dispute management

Why Law Firms Engage Albert

Independent and impartial – provides objective evidence for courts and tribunals
Multi-qualified expertise – integrates engineering, valuation, and project management disciplines
Court-ready reports – written to comply with expert witness and procedural rules
Clear communication – explains technical and financial issues in plain, precise language
Proven record – over 30 years of experience on disputes across building, infrastructure, mining, and transport sectors

Albert’s approach is straightforward and transparent: every opinion is backed by data, every conclusion is explained, and every report is written to assist the decision-maker. For law firms managing complex construction disputes, this means quantum evidence that is reliable, defensible, and presented with integrity.

How the Quantum Expert Witness Process Works

The Quantum Expert Witness process follows a structured approach designed to ensure that all findings are objective, verifiable, and compliant with legal and professional standards. Each stage is methodical and transparent, allowing legal teams to track how conclusions are formed and ensuring that all evidence withstands scrutiny in court or arbitration.

Step-by-Step Process

  
                Stage
                Description
                Outcome
            
                1. Instruction and Briefing
                The law firm engages Albert with a formal instruction outlining the issues in dispute, relevant contracts, and project documentation.
                Establishes clarity on the scope of the expert's role and key questions to address.
            
                2. Preliminary Review
                Initial analysis of available records, correspondence, and cost data to identify potential gaps or inconsistencies.
                Ensures data completeness and determines whether further information is required.
            
                3. Forensic Analysis
                Detailed review of project timelines, cost reports, and supporting documentation to identify causal links between events and cost outcomes.
                Provides a fact-based understanding of delay, disruption, and valuation impacts.
            
                4. Quantum Valuation
                Application of recognised valuation methodologies such as measured-mile, productivity comparison, or earned value analysis.
                Produces an objective financial quantification of the claims or losses.
            
                5. Draft Report Preparation
                Preparation of a structured expert report including assumptions, calculations, references, and a clear explanation of reasoning.
                Delivers a comprehensive draft for review by instructing solicitors or counsel.
            
                6. Final Report and Testimony
                Submission of the final signed report in accordance with court or arbitration procedures, followed by oral testimony if required.
                Provides clear, independent evidence that assists the tribunal or court in reaching a decision.

Stage	Description	Outcome
1. Instruction and Briefing	The law firm engages Albert with a formal instruction outlining the issues in dispute, relevant contracts, and project documentation.	Establishes clarity on the scope of the expert's role and key questions to address.
2. Preliminary Review	Initial analysis of available records, correspondence, and cost data to identify potential gaps or inconsistencies.	Ensures data completeness and determines whether further information is required.
3. Forensic Analysis	Detailed review of project timelines, cost reports, and supporting documentation to identify causal links between events and cost outcomes.	Provides a fact-based understanding of delay, disruption, and valuation impacts.
4. Quantum Valuation	Application of recognised valuation methodologies such as measured-mile, productivity comparison, or earned value analysis.	Produces an objective financial quantification of the claims or losses.
5. Draft Report Preparation	Preparation of a structured expert report including assumptions, calculations, references, and a clear explanation of reasoning.	Delivers a comprehensive draft for review by instructing solicitors or counsel.
6. Final Report and Testimony	Submission of the final signed report in accordance with court or arbitration procedures, followed by oral testimony if required.	Provides clear, independent evidence that assists the tribunal or court in reaching a decision.

Key Principles of Albert’s Process

Independence: Every opinion is formed objectively and without bias.
Transparency: Each assumption, calculation, and source of data is clearly explained.
Consistency: Analysis follows established forensic and valuation methodologies.
Clarity: Reports are written in plain language, enabling non-technical audiences to understand the findings.
Reliability: All opinions are supported by verifiable data and professional standards.

How This Process Supports Law Firms

Provides clear visibility into the financial and technical dimensions of a dispute.
Ensures that evidence aligns with procedural and evidentiary requirements.
Reduces ambiguity, helping lawyers and counsel present stronger, data-backed arguments.
Promotes efficient case management by addressing key issues before hearings.

Albert’s structured methodology gives law firms confidence that their cases are supported by independent, defensible, and thoroughly reasoned expert evidence — the kind that stands up to cross-examination and assists the court in reaching a fair outcome.

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