Ciarb London Branch Interview Series

A look into the career of a forensic architect

We caught up with Magdalena Prus FCIArb, a forensic architect and expert witness, about her route into alternative dispute resolution (ADR).

“Forensic architects are called in when things go wrong,” says Magdalena Prus. “We can comment on and investigate everything that involves architectural design and construction of buildings. My favourite part of my job is the investigative nature of the role: trying to get to the bottom of the problem – and trying to find a solution.”

Skills

The skills that a forensic architect needs to have include curiosity, investigative and analytical skills, the ability to digest a large volume of documents, and attention to detail. Soft skills are equally important, too. “Forensic architects need to be able to explain what the problem is to a lay person, so you need good communication skills. We need to be able to explain technical aspects of the matter to clients so they understand them,” she says.

Forensic architects are technical experts who conduct investigations, provide independant opinion, and comment on technical issues within the field of architecture. She explains: “The issues we look at can vary from the external envelope (walls or windows) to internal construction, and can also include the issues of an aesthetic nature, like fittings and finishes. We can comment on the role of an architect on the project, including the adequacy of perfomance of his/her duties under the appointment, and we often analyse drawings and specifications, and also other relevant contractual documents. We also conduct site investigations to see what the cause of the issue is, and then provide our independant opinion in a form of a report or less formal briefing notes for adjudication, litigation, or arbitration proceedings.”

Current developments

One of the most important developments in construction at the moment is the changes to the fire safety regulatory framework, she explains. “The most common investigations relate to fire-related issues,” Magdalena says. “It started with the Grenfell Tower fire in 2017, when the construction industry realised major changes on how we procure buildings and cultural shift was required. The Building Safety Act 2022 came into force and with the new reforms, we have a lot of challenges, responsibilities but also opportunities for architects to be in the driving seat. The fire safety reforms will definitely shape the future of the construction industry.”

Magdalena often finds that the issues she investigates are similar, but it’s the project cirumstances that makes the challenges different and interesting. “It’s never the case that they’re all the same,” says Magdalena, although she says that the issues are often very similar. She notes that there’s a big difference between domestic cases, versus large arbitrations in the Middle East, where forensic architects often work in a multi-disciplinary environment with the experts from other disciplines.

As an ADR practictioner, Magdalena recommends avoiding disputes during the project rather than resolving them at a later stage. “When you’re at the stage where a dispute is forming, all the parties are still involved and willing to communicate. When we’re at the stage of the dispute, lots of other things come into play – like the cost of the legal and technical teams. I would always encourage everyone to come to the table in the first place. I’m in favour of Dispute Boards, who can accommodate dispute avoidance.”

ADR journey

Magdalena’s journey into ADR is an unusual one, due to her design background, and even then, she jumped straight into dispute resolution. “Typically, the architect’s journey into ADR involves staying in practice and then becoming a forensic architect at a later stage of the career, but I did it the other way around,” she says. As soon as she came across construction law in her degree, she knew it was what she wanted to do.

“Architectural studies are divided into three parts, and during the third part you learn about managing your practice, legal aspects of the role, and potential claims and liabilities that can arise from the work. I had an amazing construction law tutor,” she says. Shortly after she fell in love with construction law, she applied to King’s College London to do an MSc in Construction Law and Dispute Resolution, and then joined a firm as a forensic architect.

It was at King’s College London that Magdalena came across Ciarb. “It opened the door for me to be a part of an arbitral community. I always find Ciarb to be inclusive, especially for people coming from a non-legal background,” she says. “After I completed the award-writing assessment, I became a Fellow. I found Ciarb membership helpful in terms of training, and lectures and community. It also gave me the opportunity to join the London Branch Committee in 2023, where I can give back to other members.”