What is a Construction Expert Witness? – Roles and Qualification
During a building project, disputes are bound to happen, and to leave it unresolved often leads to litigation. Contracting the help of a Construction Expert Witness helps strengthen your legal stance to help the court decide to settle the dispute.
A Construction Expert Witness has comprehensive knowledge of the construction industry, including all facets of construction injury and construction accidents. They give testimonies that help inform the trier of fact on problems concerned with construction law such as codes, building delays, compliance, construction defects, and construction cost. The construction process involves bidding for a real estate development project, negotiating for the contract, gaining a building permit, and disputing title claims. A construction expert explains the industry’s standards and terms to the trier of fact.
Before hiring an expert witness, understand what their job entails. They have more understanding of the construction field than others. They can use this information in court to help solve any dispute.
What Do Construction Experts Witness Do?
They work by objectively and impartially ascertaining the facts of the quarrel, then report their findings to the tribunal to help decide to settle the dispute. It may include detailed delay and quantum analysis. The expert witness will give their opinion on the matter instead of simply stating facts; they are obliged to discuss various aspects of the case with their expertise, even it’s against what the client wants to be disclosed.
After they have provided the court with their report, it is common for them to be cross-examined on their evidence. The expert needs to be certain about the findings, and they have to be backed up by factual evidence. A significant part of their role concerns their appearance in court, the collection of information, analysis of dispute, and the finalizing of the report, which often takes months of long and strenuous work. In some high-profile cases, the process may take years and include a huge team of supporting staff along with experts.
Roles of a Construction Expert Witness
The construction expert witness does his job by inspecting the building, then produces an unbiased report based on conclusions drawn from technical issues. They may also consult lawyers if claims have value. They also determine the financial obligation of damages and recommend a solution for the defects.
An expert witness also provides evidence at a court or tribunal based on findings from their inspection. They produce an independent report based on the building’s construction standard. Apart from their report, they also provide testimonies and comparisons on the reviewed work about what is required from the building’s code and standard.
There can be two opposing construction expert witnesses for a case; the witnesses should be objective and neutral in providing expert opinions.
Qualification of a Construction Expert Witness
A qualified construction expert witness should have comprehensive knowledge and expertise in the construction industry, including building code and compliance, building delays, construction defects, and construction costs. Being an excellent communicator is another important aspect of being an expert witness. He should be able to present himself well in front of the jury to explain technical terms in a manner that’s easy to understand. An expert witness must also be well-learned and updated on the process, methodologies, materials, the building code of Alaska, and the standard relevant to the present case. He should also be practicing in his area of expertise. He may also be a teacher who has trained students in the art of building inspection. He could also be a published author for guidelines and peer reviews in his field of expertise. A construction expert can consult and provide accident investigation, construction defects, quality issues: toxic mold, forensic investigations, the standard of care, work zone safety, and more.
Depending on the facts of the dispute, it may be helpful to hire an expert that specializes in a specific field. Construction experts include contractors, real estate developers, safety managers, electricians, material suppliers, compliance experts, and demolitionists. If you have a construction dispute, finding the best construction expert witness would help. Doing a local search for Expert Witness Building Construction Alaska would make finding options close to your location easier.
