Skip the Site Visit – Lose a Differing Site Conditions Claim

Rolly L. Chambers – December 21, 2012 Introduction Surprises happen on construction projects. Contracts with the federal government, a large and sophisticated owner, contain clauses from the Federal Acquisition Regulation, (“FAR”), that address the risk of the unforeseen and unanticipated. For example, the Changes clause at FAR §52.243-4 allows the government to make changes in… Continue reading Skip the Site Visit – Lose a Differing Site Conditions Claim

Well. . . Everyone Knows it: the Testimony of a Mold Expert

Mark Wiechnik – December 10, 2012 Everyone knows that humans only use 10% of their brains (an untrue “fact”, unless you mistakenly voted for Pat Buchanan in 2000), that Christopher Columbus called Native Americans “Indians” because he thought he landed in India (that part of the world was called Hindustan in Columbus’ time) and that… Continue reading Well. . . Everyone Knows it: the Testimony of a Mold Expert

When is Work Product Not?

John I. Spangler, III & Deborah Cazan – December 10, 2012 Introduction Construction disputes present complex issues of causation—what caused the accident, the delay or the added costs. Third-party consultants are frequently engaged to evaluate and offer opinions on causation, performance, schedules and costs. Then, when the dispute or accident ends up in litigation, the… Continue reading When is Work Product Not?

California Takes a Giant Step Towards Daubert

Robert Ambrogi – December 18, 2012 There was a major ground shift in California recently – and we’re talking not about an earthquake, but about the law governing the admission of expert testimony. In a unanimous opinion published Nov. 26, the California Supreme Court came within a hair’s breadth of adopting the federal standard for… Continue reading California Takes a Giant Step Towards Daubert

How To Choose Effective Construction Expert Witnesses

Real Estate News – November 17, 2012 Construction projects are intimidating because of the large potential for mistakes and negligence. It’s crucial to use a reliable and reputable builder but even projects that are well planned can be dealt with poorly. Construction expert witnesses help those facing legal action to prove negligence. How one chooses… Continue reading How To Choose Effective Construction Expert Witnesses

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