Dredging projects combine complex ground conditions, specialised equipment, changing site conditions and significant commercial pressures. When disagreements arise, separating the technical facts from contractual and commercial positions can become increasingly difficult.
An independent expert witness can provide valuable
technical clarity in dredging claims and disputes, including arbitration
proceedings and court cases.
Looking Beyond Contractual Positions
A dredging dispute rarely turns on a single calculation or piece of project documentation. Understanding what occurred can require evidence from many different sources.
The role of a dredging expert witness is to independently assess the available technical evidence and determine what conclusions it can reasonably support.
i2D applied this approach during an international arbitration proceeding concerning changed dredging conditions and their effect on dredger performance. The assessment considered geotechnical conditions, permit requirements, bathymetric surveys, vessel logfiles, dredger capabilities and production performance.
Understanding What the Dredger Could Actually Achieve
A recurring issue in dredging disputes is whether the selected equipment could reasonably have achieved the required performance under the conditions encountered.
This cannot always be determined from a dredger specification sheet alone. Dredging performance depends on the interaction between the equipment, soil conditions, and operational methodology.
Where appropriate, i2D uses engineering calculations and its specialist dredging models to assess expected equipment performance. This provides a technical basis for assessing what could realistically have been achieved under the conditions encountered. It also helps identify the factors that may have influenced actual performance. The analysis can support the technical opinions presented in i2D's own expert witness reports or assist in the review of opinions presented by other experts.
When Survey Data Becomes Part of the Dispute
Other disputes concern how dredging results have been measured, represented or interpreted.
In a recent major marine infrastructure assignment, i2D was engaged to provide an independent expert opinion on these issues. The assessment concerned how a dredged trench and the extent of dredging-induced soil disturbance had been represented.
i2D considered contractual requirements, hydrographic survey practices, positioning accuracy, data-processing workflows and dredging equipment information. This enabled i2D to assess whether the available evidence reliably demonstrated the dredging outcome. It also considered whether the contractual requirements could be practically measured and verified using the available technology.
Independent Engineering Judgement
An expert witness is not an advocate for the party that appoints them. The value of expert evidence depends on independence, transparency and a clear technical basis for the opinions expressed.
For i2D, this means distinguishing between:
- Facts – information demonstrated by the available project records and data.
- Assumptions – information adopted where complete information is unavailable.
- Engineering analysis – calculations and technical assessments undertaken to investigate the issues.
- Expert opinion –drawn from the available evidence and engineering analysis.
It also means clearly identifying limitations where the available information does not support a definitive conclusion. This transparency is fundamental to developing technical expert opinions that can withstand scrutiny.
Specialist Dredging Experience Matters
Dredging disputes often sit at the intersection of engineering, operations and contracts. A technically sound assessment therefore requires practical knowledge of dredging equipment, soil behaviour, hydraulic transport, production estimation and operational information.
i2D's experience spans both the contractor and client sides of dredging projects. This helps place technical evidence within its operational context and provides insight into the practical considerations faced by different project participants.
Our dredging Dispute Resolution and Dredging Expert Witness Services include independent technical investigations and preparation of expert reports. We also review other expert opinions and provide technical support during dredging dispute resolution proceedings.
Better Contractual Awareness Before a Dispute Arises
While expert witness services are required once a dispute has developed, many disagreements have their origins much earlier in a project.
Clear technical requirements and appropriate allocation of risk can help reduce uncertainty. Good record keeping and an understanding of contractual obligations are also important when project conditions or circumstances change.
With this in mind, i2D's next Contractual Awareness Masterclass, scheduled for 19 May 2027, approaches contractual awareness from a practical dredging perspective. The Masterclass helps dredging professionals understand how technical decisions, project records and contractual requirements interact throughout project delivery.
Resolving a dredging dispute requires a clear understanding of the technical issues involved. Developing that understanding earlier can help reduce the potential for disagreements to develop into disputes.