Construction Claims–How an Expert Witness Helps You Win

J. Norman Stark | November 20, 2017

Construction claims’ prosecution and defense present a serious challenge to the construction attorney. The intricate legal process begins with the ALERT of an onsite incident, accident, or fatality. Immediately following the initial client intake interview, through investigation, discovery, and trial, a construction lawyer is presented with the daunting task of continuing re-education. This includes the need to investigate, recognize, and evaluate complex, technical construction terms, processes, standards, material facts, and assemble evidence necessary to prepare and present the entire case in a clear, convincing manner to the court and jury.

Construction claims may often include not only labor, materials, equipment cost overruns, and claims for losses in productivity, but also time-related damages for:

  • Delay
  • Acceleration
  • Jobsite overhead or general conditions expenditures

Contractor claims may include requests for equitable adjustment to the contract, or for breach and subcontract terms and issues.

How Construction Lawsuits are Won

Effective preparation and prosecution of construction claims requires developing credible entitlement arguments, implemented with accepted methods to quantify damages sustained, all supported by construction project records and documentation. Construction lawyers frequently retain a consultant expert witness, with the experience and knowledge to advise and assist with construction claims’ prosecution or defenses.

The expert witness retained by construction attorneys, and often by clients directly, has the experienced “know- how” to investigate and evaluate potential claims. The expert may immediately inspect the construction project site to obtain and confirm facts, witnesses, and evidence necessary to support their positions in prosecution or defense of claims. The retained expert(s) can also provide litigation assistance to the construction lawyer, to obtain the optimum return on litigation investment. By using forensic investigation and developing and providing detailed expert reports, they encourage early settlements to resolve claims without costly litigation in time, emotion, and money.

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