Finding the Ideal Expert Witness
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- Construction Expert Witness
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A construction expert witness is someone who has relevant knowledge and expertise in a particular field of construction. When called upon by the court or a party in dispute, their primary duty is to give testimony or an opinion on a construction issue that requires expert knowledge. In many cases, their clients include construction authorities, contractors and property developers who would like to pursue a construction matter in court.
What Qualifies a Construction Expert Witness?
Whether you are a construction authority, a developer or a contractor, you need to be very careful when it comes to hiring a construction witness expert to build your case in court.
This is simply because not everybody that claims to offer expert witness services in court for matters related to construction is actually a genuine expert in the construction industry. Although there are no legal requirements to be a testifying expert witness, the court can rejec the report and opinion of the expert witness if they are found to be lacking in qualification, experience or professional conduct.
1) Knowledge and Expertise
A construction expert is a qualified professional with vast and extensive knowledge about their field of expertise. Anybody claiming to be a construction expert, but lack knowledge about the industry standards, the technical language used in the industry and complex issues that affect the industry is not to be trusted. A real construction expert is someone who is well-versed and current with the processes, methodologies and materials used in every individual construction application.
2) Relevant Work Experience
You should analyse the work experience of the expert carefully before making an appointment. For example, ensure that they have experience in scenarios which are similar to your case. Your appointed expert witness may be a seasoned architect, but if they only have experience in residential dwellings, it's not as helpful if your case involves commercial project. Otherwise, they can be easily challenged in court by your opponents, thereby hurting your case.
3) Ability to Use Reason, Good Judgement and Remain Objective throughout the Case
Before you bring a construction expert witness on board your case, you need to ask yourself a very fundamental question. Does this person have the ability to apply logic, good judgement and remain objective in analysing facts and giving their opinion? Are they able to handle intense interrogations from the opposing side without becoming emotional, taking things personally and stopping being objective? This question is especially important to ask yourself because not all qualified construction experts who offer expert witness services possess that ability.