Construction projects typically involve complex disputes that often require specialized knowledge to resolve. Therefore, construction expert witnesses are often involved. They play a critical role in dispute cases by providing their objective analysis and testimony, and can significantly impact outcomes.

Choosing and Working With Expert Witnesses

Choosing the right expert witness is crucial for the success of a construction claim. To understand what attributes expert witnesses must possess, it is important to understand what they do.

• Provide recognized expertise. An expert witness in construction claims needs to possess the credentials and experience to provide informed opinions on specific aspects of a case.
• Analyze information carefully and explain technical issues clearly. Their responsibilities include providing objective analysis, preparing detailed expert reports written in plain language, and testifying in court or arbitration.
• Provide unbiased views. Construction claim expert witnesses must remain impartial, maintain integrity, and avoid conflicts of interest.

Consider the points above when you interview and do background checks on potential construction claim experts. Make sure to evaluate their past case involvement.

Stepping into the Shoes of an Expert Witness

To better understand what expert witnesses do, consider the following tips surrounding best practices related to expert witnesses.

Regular contact with the legal team is important.

A construction claim’s success is dependent on ongoing communication between the expert witness and the relevant party’s legal team. Such communication ensures that the expert witness knows on which topics they are expected to provide their findings, analyses, and opinions. Additionally, they need to keep updated on any new information or changes in the case. Regular updates and discussions with the legal team help to refine the expert witness’s focus and enhance the overall effectiveness of the testimony.

Preparation is the key to effective testimony.

Construction claim expert witnesses should start with a thorough review of the case details, including relevant documents and evidence. Further preparation can be gained through engaging in mock trials to simulate the courtroom environment and prepare for potential questions.

Leverage advanced technology.

Utilizing data analysis software, project management tools, and simulation programs allows expert witnesses to provide more accurate and detailed reports. These tools can help in visualizing complex data, identifying patterns, and presenting findings in a clear and concise manner, ultimately strengthening the expert’s testimony.

Prepare reports that are clear to both technical and non-technical audiences.

When preparing an expert report, it is important to ensure that it is well-structured, clear, and comprehensive, avoiding common pitfalls such as ambiguity or excessive jargon.

Speak clearly and do not go beyond the scope of your report.

In oral testimony, in addition to presenting complex information clearly and maintaining professionalism under pressure, one should remember procedural rules. One important rule in providing expert testimony in court involves staying “within the four corners” of your report. In depositions, providing detailed and accurate information and handling opposing counsel’s tactics adeptly is essential.

Regularly reflect and plan next steps.

Reflecting on your performance is important to help you refine future reports and testimony. Gathering feedback from the legal team and updating the report if necessary to address any issues raised during the testimony is also crucial.

Engage in continuous learning.

Keeping current in the industry and engaging in professional development opportunities is vital for maintaining expertise. Taking part in opportunities offered by professional organizations and associations can be helpful. Further, collaborating with professionals from various fields, such as engineers, architects, and financial experts, can enhance the depth and accuracy of the analysis.