When a construction expert witness is retained for a case, he or she is tasked with elaborating on the building’s various components, materials, participants, and associated risks. To effectively utilize a construction expert, a lawyer may request that he or she describe how these dangers for the subject commercial property can be mitigated.
When the previous owner or lessee of a commercial property did not maintain or ensure the upkeep of various issues within the building or on the grounds, the current owner or lessee is frequently exposed to health and safety risks. Due to these complications, construction sites and commercial locations frequently experience injuries. These may include sewage backups, contaminants, exposed electrical lines, and sharp objects capable of penetrating the skin and bone. If the commercial property has not been repaired or maintained for an extended period of time, the likelihood of these risks increases substantially. A construction expert witness may be required to explain to victims why reducing these issues is crucial and how it can save lives and decrease litigation.
Various areas of commercial properties that have not been completed before others can occupy the land may be under construction. These areas could cause harm or serious injury to those who pass through or remain. A construction expert witness may explain to the court how these injuries could have been avoided, as well as what risks and dangers exist prior to the completion of the project and other similar issues. When a lawsuit has been filed by a victim whose injuries were caused by a commercial property, the expert may explain how certain actions could have prevented these injuries.
The Specifics That Reduce Dangers
When a construction expert is retained, he or she can explain all potential facets of accidents that may occur on construction sites and commercial properties that are either in disrepair or under construction. This can include codes, compliance or lack thereof, costs, material or design defects, and delays. Each of these factors may result in harm to others. If the project has been completed or if the building is older and vulnerable due to a lack of maintenance, the expert may elaborate on these concerns. Typically, this information is presented to the courtroom so the judge or jury can better understand the issues at hand.
Government contracts, zoning, licenses, permits, and building codes may be sources of concern. Some construction specialists are hired to explain how building codes affect injuries. Some codes are not adhered to or are in place to inform others of the date, time, and materials used in construction. When buildings are in disrepair, codes are issued so that those responsible for repairs are aware of the problems and the necessary repairs. With this information about the structure, the court may be able to determine compensation or a remedy for the victim. A dispute resolution may result in the commercial property being cleared for future development.
The Commercial Real Estate Construction Expert
When a commercial property has become hazardous due to disrepair and a lack of maintenance, these problems frequently result in injuries. While many individuals traverse the property before it has been purchased, others sustain injuries once the new owner has taken possession of the building or land. If he or she has not purchased insurance to protect against guests, he or she may become embroiled in a lawsuit over known dangers. The greater the knowledge of these risks, the greater the likelihood that he or she will pay damages to the injured.
A knowledgeable expert witness may explain to the owner how the injured party is entitled to compensation due to the owner’s negligence. Or, the issue may involve a duty of care owed to those traveling through or across the area. Even if there is no duty of care because the business is closed, the victim may have a stronger case if the state requires the dangers to be repaired. The expert witness is retained to explain to the courtroom how the injuries occurred and why the commercial property owner must pay compensation.
The Statement Regarding Commercial Property
Expert witnesses connect evidence and the responsible party to the injuries and the victim using standard procedures and methods. Throughout these procedures, their testimony typically explains why compensation is necessary and how the opposing party is liable.
Real Estate Expert Witness Services by Craig Cherney, Esc.
Craig Cherney is a trusted client advisor and a sought after real estate expert witness who is hired by the nation’s top Real Estate Litigation Attorneys to help resolve their litigated real property matters. Craig has appeared as a testifying expert witness before judges and juries in California, Arizona, Nevada and other jurisdictions across the country. Craig Cherney, Esq. Expert Witness Real Estate. 480-399-2342.