Peter Caillard | HKA Subject Matter specialists appointed as expert witnesses in dispute hearings are frequently called upon to provide opinion on whether the performance of one of the parties failed to meet the required “standard of care” as defined under the contractual agreements. This may be a critical step towards identifying fault and determining… Continue reading The Role of the Technical Expert in Assessing Standard of Care in Construction Disputes
Category: Expert Witness
Slaying The Beasts: Current Best Strategies For The Biggest Challenges In Construction
Wendy D. Testa and Hannah Rice | Wilson Elser Moskowitz Edelman & Dicker CURRENT STATE OF CONSTRUCTION LITIGATION Competition in the marketplace may create incentives for contractors to submit unrealistic bids to secure business. An issue arises when a contractor has bid too low for a project and is awarded the contract. The contractor is… Continue reading Slaying The Beasts: Current Best Strategies For The Biggest Challenges In Construction
Court Allows Expert Testimony Regarding Measured Mile Analysis Comparing Work on Different Projects
John Mark Goodman | BuildSmart Loss of productivity damages are commonly estimated using a “measured mile” analysis, which compares unimpacted construction work to work which has been disrupted to determine the cost impact of the disruption. Such analyses often require expert testimony that must satisfy the reliability requirements of Rule 702 and Daubert. Generally speaking, to… Continue reading Court Allows Expert Testimony Regarding Measured Mile Analysis Comparing Work on Different Projects
One More Thing Moving From California to Texas: Wildfire Risk
Patrick Sisson | Bloomberg Climate change and development are set to collide in the booming Austin-San Antonio megaregion as housing expands into fire-prone wildlands. In early January, Keith Elwell was doing one of the things he does best, swinging chainsaws to help save forests from wildfire. Amid groves of junipers and white oak trees, Elwell… Continue reading One More Thing Moving From California to Texas: Wildfire Risk
Can I Knock the Opposing Expert Out? Understanding How Florida Courts Allow or Prevent Proposed Experts
Timothy R. Engelbrecht | Butler Weihmuller Katz Craig Experts are key witnesses in any case. They have the ability to testify about things that are usually beyond the scientific or technical understanding of the average person. If the expert is good at conveying that sort of information, it can have a big impact on how… Continue reading Can I Knock the Opposing Expert Out? Understanding How Florida Courts Allow or Prevent Proposed Experts