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How An Expert Witness Can Help You In Your Construction Disputes June 24, 2019
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The complex issues associated with construction disputes means the specialist knowledge of a construction expert witness is often required. Providing opinion evidence rather than factual evidence, they have a number of duties. So, how will an expert witness help you?

To understand how an expert witness can help you during a construction dispute, you need to be aware of their duties, which include:

  • Providing expert evidence which is the product of independent and uninfluenced research.
  • Offering assistance by way of an unbiased opinion in relation to matters of the case that fall within their expertise.
  • Documenting the basis of their opinion with defensible experience, data, analyses research and illustrations as applicable.
  • Making it known if an issue falls outside the scope of their knowledge or expertise.
  • If sufficient data and experience aren’t available to adequately research their opinion, they are required to state that their opinion is purely provisional.
  • If their opinion changes a result of new information and or data they must communicate this through legal representatives as soon as possible and, if applicable, to the court.
  • Providing copies of all materials used as a basis in formulating their opinión, including plans, calculations, analyses, illustrations and images.

Why you should call upon an expert witness

A construction expert witness will be qualified according to a number of factors, including their work experience related to your case, the number of years they have practiced in their field, their certifications and training, and their awards and peer recognition. As such, they’re in the best position to act as a consultant in your case and give testimony at a trial.

An expert’s testimony is subject to questioning by the experts for the opposing side to ascertain the witness’s experience and competency, or lack thereof, in rendering an opinión. This may seem daunting, but an experienced expert witness is more than qualified to handle cross-examinations of this nature, which is why calling upon them could benefit your position in court.

 

Can a construction litigation expert witness fail in their duty?

Although unlikely, if the contractor expert witness fails to comply with court orders, rules, procedures, or is shown negligent, the retaining party may be penalized or prevented from relying on the expert’s evidence. To avoid delays, we advise you to hire an expert witness as soon as possible.

If you require expert witness consulting services in California, contact the team at G3Soilworks today. We can assist you in your litigation matters as well as maximize the productivity and profitability of your projects by offering our geological and geotechnical experience.

 

 


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