Garret Murai | California Construction Law Blog It’s not uncommon in construction defect litigation for each side retain one or more experts to give their opinion as to whether something was constructed in accordance with the standard of care. This usually results in what we legal practitioners call a “battle of the experts.” The California… Continue reading Expert Can be Questioned on a Construction Standard, Even if Not Relied Upon
Category: Expert Witness
Rethinking the Role of Technical Experts in Pre-litigation Dispute Resolution
Thanh Do and David Ojala | Forum on Construction Law Construction disputes do not always require an expert; however, an expert is typically sought if the dispute involves particularly technical or complex issues that a lay person (including counsel and triers of fact) cannot readily understand. When is the most appropriate time to call upon… Continue reading Rethinking the Role of Technical Experts in Pre-litigation Dispute Resolution
The Importance Of Engaging Design Professional Experts Early, With A Focus On Massachusetts Law
Jay S. Gregory | Gordon Rees Scully Mansukhani In any Massachusetts case alleging negligence against a design professional, an expert witness on the topic of liability is a critical, early consideration. Given the expense of expert witnesses, counsel representing design professionals are wise to evaluate (1) the need for an expert, (2) the timing of… Continue reading The Importance Of Engaging Design Professional Experts Early, With A Focus On Massachusetts Law
Summary Judgment for Insurer Reversed Based on Expert Opinion
Tred R. Eyerly | Insurance Law Hawaii After the trial court discounted the insured’s expert witness and granted summary judgment to the insurer, the Florida District Court of Appeal reversed. Morales v. Citizens Prop. Ins. Corp., 2022 Fla. App. LEXIS 1831 (Fla. Ct. App. March 15, 2022). The insureds’ property was allegedly… Continue reading Summary Judgment for Insurer Reversed Based on Expert Opinion
A Retrospective As-Built Schedule Analysis can be used to Support Delay
David Adelstein | Florida Construction Legal Updates Delay claims are part of construction. There should be no surprise why. Time is money. A delay claim should be accompanied by expert opinions that bolster evidence that gets introduced. The party against whom the delay claim is made will also have an expert – a rebuttal expert. Not surprisingly, each… Continue reading A Retrospective As-Built Schedule Analysis can be used to Support Delay