Construction disputes require lawyers to deal with complex, highly technical architectural, engineering and construction issues, making expert testimony crucial to prove or defend claims arising from construction projects. The best construction experts will have both in-depth knowledge in their area of expertise and the ability to explain complex subjects to lay people or judges unfamiliar with construction cases in an easy-to-understand and persuasive manner. Knowing how experts are used in construction cases and what to look for in selecting the best experts for your case can make all the difference between winning and losing.

How Construction Experts Can Help

The level and type of support a construction expert can provide will vary from case to case. Some cases require an expert to give some initial advice and opinions, which will drive the decision whether to bring litigation or not, and if so, against whom. This type of expert will ultimately provide expert testimony at trial or arbitration. Other cases may benefit more from an expert adviser who advises strategically and tactically, does not necessarily give expert testimony, but rather works behind the scenes with the legal team advising on each aspect of the claim. Best practices thus call for identifying and retaining an expert at an early stage in the dispute. An early expert evaluation often fundamentally affects the decision whether to assert a construction claim.

Experts are equally important in defending against construction claims. For example, the construction defect expert for the plaintiff will testify about the standard of care, how the work deviated from the standard of care, whether a termination was supportable, how the plaintiff was damaged, and the cost to make the plaintiff whole. In contrast, the defense construction defects expert can defuse the plaintiff's expert's testimony by attributing the damages to another cause, proving that the termination was wrongful, or by opining that a lesser repair is appropriate.

A construction expert can examine a completed project and opine as to the quality of the work in place, and its compliance with the applicable plans and specifications. An expert can also evaluate a partially completed project and determine what work remains. Where corrective work is required, an expert can give testimony as to what work is required to repair the poor work in place as well as the cost for doing so. The expert can explain how poor work and delayed work impact the rest of the project, as well as attribute cause for delays.