So, you’re working on a highly technical construction case, but don’t understand half of the industry jargon. A construction expert witness can take some load off your shoulders so you can focus on other necessary aspects of the case.
But what does a construction expert witness actually do? And how? Let’s take a closer look.
Table of Contents
Who Is a Construction Witness Expert
A construction expert witness is an individual with specialized knowledge and expertise in the construction industry. They provide independent, objective opinions in legal disputes. Moreover, construction witness experts break down complex industry jargon for judges and jury members.
They act as bridges between legal professionals and the technical intricacies of the construction world.
Types of Disputes a Construction Expert Witness Can Handle
A construction expert witness can provide their expertise in different cases, such as:
Construction defects: Expert witnesses can evaluate the structural integrity of a construction project. They can identify issues like poor installation, unstable foundation, and inadequate finishing. They can also determine if the construction meets quality standards.
Construction delays: Expert witnesses can analyse the initial project schedules and identify responsible parties. Delays can also be caused by unexpected site conditions or unforeseen events.
Cost overruns: Construction expert witnesses compare the predetermined project cost and the final expenses. The aim is to determine bottlenecks.
Contract disputes: Expert witnesses will understand and analyse the terms and conditions of contracts, which highlight the responsibilities of each party.
Roles of a Construction Expert Witness
Here’s how a construction expert witness can impact the outcome of your case:
Provide Expert Opinion
Expert witnesses have in-depth knowledge of construction practices, regulatory standards, and safety codes. This lends credibility to their opinions. Some expert witnesses also have expertise in architecture and engineering, allowing them to highlight structural defects.
Analyse Evidence
Expert witnesses can analyse relevant documents, contracts, and schedules to give expert evidence. Legal cases hinge on factual data, and an expert witness will focus exactly on that.
Prepare Reports
They can prepare reports outlining their methodologies and findings in a concise manner. This is crucial for a seamless and hassle-free legal experience. Jury members or opposing lawyers won’t waste time combing through stacks of information. Everything will follow a set pattern.
Testifying
During the trial, a reliable construction expert witness will present all their findings. After introducing themselves and explaining their credentials, an expert witness will translate complex construction issues in an easy-to-understand manner.
Stay Independent and Impartial
The most important role of a construction expert witness is to stay impartial and objective. They base their opinions solely on facts and the unique circumstances of each case. Expert witnesses must adhere to the ethical standards set by institutions such as the International Council for Commercial Arbitration (ICCA) and the Expert Witness Institute (EWI).
Why Construction Expert Witnesses Are Needed
Construction expert witnesses aid fair resolution. By breaking down complex concepts and giving an unbiased opinion, they help judges and jury members make the right decision. Their experience, skills, and communication skills make them a crucial part of resolving construction disputes.
