Construction projects are complex by nature. They involve multiple parties, detailed contracts, strict timelines, and safety protocols. Even a minor structural defect or delay can lead to a legal battle.
And as if things weren’t already difficult, construction disputes can be highly technical. Judges, jury, and even lawyers find it hard to fully grasp the details. As a result, availing the services of expert witnesses has become the norm. But what exactly do expert witnesses in construction do? And can they help you? Let’s take a closer look:
Who Exactly are Expert Witnesses?
An expert witness is an individual with specialized knowledge, training, or experience in a particular field who is called upon to give an independent opinion in legal disputes.
Look at it this way: A regular witness gives a statement based on what they saw or heard, whereas an expert witness is allowed to provide opinions because of their expertise. They can be appointed by one or both parties.
In construction, an expert witness brings in-depth knowledge of construction, building codes, regulations, and safety standards. They might have an educational and professional background in engineering, architecture, or project management.
Duties and Responsibilities of a Construction Expert Witness
The duties of a construction expert witness include:
Simplify Technical Information
As mentioned earlier, most judges and lawyers don’t know the ins and outs of construction processes. A construction expert witness will break down technical jargon. This will reduce miscommunication and fast-track the legal process.
Providing Independent Opinions
Expert witnesses are required by law to provide unbiased opinions. They adhere to ethical standards set by regulatory bodies. Let’s say a building starts showing cracks in its foundation. An expert witness will analyze the project records, inspect the site, and then explain exactly what went wrong.
Testify in Court
During the trial, a construction expense witness presents all their findings. This facilitates the legal process.
Assess Damages and Costs
Construction disputes incur heavy costs for both parties. A construction can quantify financial damages resulting from defective work, breach of contract, or project delays.
Types of Disputes They Handle
A construction witness expert can handle the following construction disputes:
Construction defects – issues with the quality of work. Examples include water leakage, cracked foundations, faulty wiring, or the use of substandard materials.
Contractual disputes – one party believes the other failed to meet contractual obligations. For example, a disagreement over the scope of work.
Safety disputes – arise when workplace safety regulations aren’t met, leading to injuries.
Cost overruns – Occur when a project exceeds the agreed budget. These are often caused by inaccurate initial estimations or uncertain site conditions.
Is It Worth Hiring a Construction Expert Witness?
Construction disputes are financially and emotionally exhausting. A construction expert witness can take some load off your shoulders. They can provide an unbiased review of the case, making it difficult for the guilty party to deny responsibility.
A construction expert can increase the chances of fair legal results. This is why it’s worth hiring a construction expert witness.
