Expert Witness Report

Expert Witness Reports

Construction companies, clients and owners strive to undertake a smooth and efficient construction project. Project management that is free from problems, accidents and regulatory offences is not only comfortable; it can also help save the company from potential expenses associated with litigation and remediation. Unfortunately, not all construction projects and activities are implemented without problems and issues. There are instances when a project will encounter problems, like toxic mould litigation or construction defect. If a problem arises, it is important to work with an expert witness who can draft an expert witness report.

Who is the Expert Witness in the Construction Industry?

An expert witness in the construction industry is one with an extensive knowledge and experience in the construction industry, including construction accidents and injuries.

An expert witness is a critical resource person during litigation and conflict resolution since he is a person that can provide information on issues related to construction regulations and laws, including building codes, regulatory compliance, building delays, construction costs and defects. He is a professional who understands the different factors involved in the construction industry including contracts, financing, land use and zoning and construction management. His opinions on matters relating to construction are valued by the trier of fact, and helpful in deciding the case.

Who is Qualified to Become an Expert Witness?

A construction expert witness is a professional with extensive knowledge in the field of construction, and someone who can discuss and elaborate the technical language used in the industry. It is expected that the expert witness is well-versed in the new technologies and systems used in the construction industry. Depending on the nature of the complaint or case, specialists and other professionals may be invited to collaborate with the opinion of the expert witness. For example, the trier of fact may invite safety managers, real estate developers and compliance experts.

What is Included in the Expert Witness Report?

The testimony of the expert witness can be helpful in boosting a legal argument, and in convincing the trier of fact. His testimony and insights will be included in the report that can be used in the disposition of the case. For example, if the dispute focuses on the assignment of liability because of an accident, then the focus of the report is the standard of care. The invited expert may provide insights on implicit and explicit warranties and duties of the contract. An expert may show if indeed the standard warranties are achieved, including but not limited to the completion of all licenses, good workmanship and quality of the project. In these disputes, the expert can provide testimony on whether the party in question has completed with the responsibility associated with the position.

 

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