The outcome of construction defect lawsuits often comes down to the validity of expert witness testimony and — most importantly — project documentation.
The chances of overcoming a construction defect claim without the documents that detail the entire life of the project in question are not very good. Without documentation, expert witnesses have limited information to review in order to form their opinions. A lack of documents can result in the expert’s opinions being stricken from the record through a Daubert challenge due to a lack of grounds or factual basis for those opinions.
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