Disputes regarding construction can easily get messy when it comes to this. Issues of workmanship, project delays, structural performance, contract requirements, or cause of failure may require technical aspects that are hard for a judge, attorney, or claims professional to assess without expertise.
The right expert witness can help resolve those questions and provide a factsheet on a claim or defense. The secret lies in the knowledge of when it is appropriate to call in the experts and the selection of those whose experience is appropriate for the dispute.
If the Dispute is Based on Technical Issues
Not every construction dispute needs a professional, but technical questions do provide a good reason to think about one, though. Specialist knowledge might be required if the fault lies with the structure, quality of materials, engineering decisions, construction techniques, or whether the work conforms to accepted industry practice.
A professional expert witness can analyze the evidence, uncover technical challenges that need to be solved, and convey complex information in a way that decision makers can grasp. When the disagreement is about facts that can’t be easily determined from documents and photos, this can be a significant factor.
To Find Out Why a Problem Happened
There is not a single and only cause that can lead to construction issues. Design decisions, installation methods, materials, site conditions, maintenance, or any combination of these can lead to cracking, water intrusion, settlement, premature deterioration, or other problems.
A specialist not involved in the case can carry out an independent investigation and make an informed comment on causation. The analysis should not just state that something has gone wrong, but should try to explain why it has gone wrong and whether there is evidence to support a certain explanation.
When Evidence Needs Independent Evaluation
Construction conflicts tend to produce volumes of information ranging from plans and specifications, inspection records, photographs, change orders, correspondence, test results, to project schedules. Identifying what information has significance can be challenging.
Material can be systematically reviewed by an independent expert, and inconsistencies, missing information, or evidence that needs closer attention can be identified. Especially helpful when other parties have already formed alternative explanations for the events.
When You Need Credible Testimony
The professional should be able to draw conclusions that are clear, identify between facts and assumptions, and recognize when the facts do not allow for certainty.
Credibility is important because the opposing party could question the methodology, qualifications, experience, or findings of the expert. An opinion that is well-supported with suitable evidence is more useful than an overly aggressive opinion, which is only designed to support one side.
When the Cost of the Dispute Is Significant
Hiring an expert is an additional expense, so it might be sensible to think about the value that can be gained from the professional analysis.
Technical evidence should be considered if a significant repair is involved, contractual damages, business interruption, or a significant construction project are involved. An expert is able to say if the suggested repairs seem reasonable.
