When a construction expert is required to testify in a court case, he or she should possess extensive knowledge and experience in the construction industry. This means that all aspects of construction-related accidents, injuries, defects, and similar concerns should be better understood than the average person.
A professional with a construction background frequently dedicates years, if not decades, to fully comprehending the factors and specific elements involved in these matters. When a witness is called to testify in court for a claim or case, he or she provides testimony that establishes or explains certain evidence and facts about the incident in which an accident occurred.
A professional expert witness may also explain how delays, codes, regulatory compliance, construction costs, and defects affect both the project and the client. When a case involves construction, the processes of construction, contracts with clients and contracting companies, financial obligations, bonds, insurance coverage, management, land use and deeds, easements, and licensing should all be easily explained. Other processes may include bidding on real estate projects, contract negotiations, and obtaining permits to ensure construction occurs. While each of these areas requires further exploration for a complete understanding, an expert witness is well versed in these subjects through research, study, and personal experience.
Identification of Defects
To establish the validity of a suit through details and evidence, it is critical to understand and identify the defects in manufactured products or structures. These can be viewed through the blueprint designs, or the expert may have sufficient experience with constructed objects to recognize how materials can be used to create a problem. Defects may be discovered as a result of using substandard materials or tools. When less expensive substances and materials are used to construct a structure or erect an edifice, they can result in a variety of injuries if they do not stand the test of time or pressure. Other tests, such as standard use or continued application of the structure, may be conducted to determine the exact cause of the defect. If the problem results in erosion or collapse of the bridge or building, it is frequently more obvious that materials were procured in quantities less than those specified in the contract or that another process resulted in a defect.
There are numerous types of inspections that, when performed with the proper tools and methods, can assist an expert in determining whether a building or structure contains a defect. While some issues are readily apparent upon visual inspection, others require the assistance of specialized detection processes. While designs may demonstrate the presence of a defect that will cause problems in the future, defective materials or parts are typically more difficult to determine. This becomes even more complicated if only a single batch of a product was impacted rather than the entire line. This means that while some structures may be impacted, others will remain structurally sound. Defective materials frequently affect the entire scope of a project via corrosion, rust, abrasive resources, and ineffective supplies.
Expert Witnesses Who Are Qualified
To provide expert testimony in a case involving construction defects, an individual must be a member of the industry with valid credentials and relevant experience. While he or she must be knowledgeable about a variety of subjects, a certain level of understanding of the subject should be present in the individual. This means the expert is conversant with the language, the complex issues that may arise, the topic being discussed, and all industry standards. Additionally, the individual has worked on construction projects, communicated with other professional construction workers, and has a working knowledge of the methods, processes, and materials used in these developments.
While the expert may have specialized knowledge in the field of construction, he or she may also possess general knowledge that is beneficial in defect cases. This means that, given the breadth of construction subjects, if an individual has a firm grasp on the processes, he or she may lack a firm grasp on the materials and tools used. However, there are numerous courses and licenses available to further the professional’s education. This may include safety standards, EPA rules, electrical systems, which suppliers provide tools and equipment, and which real estate officials and contractors are required for these projects. An expert witness is frequently indispensable in providing necessary testimony to assist in establishing the existence of a defect.
Can an Attorney Help Me?
If you think you are entitled to damages related to a construction contract, a business attorney can ensure you recover everything that you are owed.
Craig Cherney is a trusted client advisor and a sought after real estate lawyer and 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. If you are litigating an easement case, Craig Cherney might be able to help you advance and win your case.