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
Tag: Expert Opinion
Just Because I May be an “Expert” Does Not Mean I am Giving Expert Testimony
David Adelstein | Florida Construction Legal Updates On a construction project, it’s hard to argue that the involved parties — whether an architect, engineer, contractor, subcontractor, developer, etc. — are not experts in their field, i.e., they all some scientific, technical, or specialized knowledge or skill particular to their industry. However, this does NOT mean when they testify… Continue reading Just Because I May be an “Expert” Does Not Mean I am Giving Expert Testimony
Admissibility of Expert Opinions in Insurance Bad Faith Trials
David McLain | Colorado Construction Litigation| October 8, 2019 In 2010, Hansen Construction was sued for construction defects and was defended by three separate insurance carriers pursuant to various primary CGL insurance policies.[i] One of Hansen’s primary carriers, Maxum Indemnity Company, issued two primary policies, one from 2006-2007 and one from 2007-2008. Everest National Insurance Company issued… Continue reading Admissibility of Expert Opinions in Insurance Bad Faith Trials
Motion to Strike Insurer’s Expert Opinion Granted
Tred R. Eyerly | Insurance Law Hawaii | June 19, 2019 The court granted the insured’s motion to strike the testimony of the insurer’s expert because the opinion lacked sufficient explanation or analysis. Affinity Mut. Ins. v. Thacker Air Conditioning Refrigeration Heating, 2019 U.S. Dist. LEXIS 84713 (N.D. Ind. May 20, 2019). … Continue reading Motion to Strike Insurer’s Expert Opinion Granted
Reasonableness of Denial of Requests for Admission Based Upon Expert’s Opinions Depends On Factors Within Party’s Understanding
Stephen M. Tye and Lawrence S. Zucker II | Haight Brown & Bonesteel | January 16, 2019 In Orange County Water District v. The Arnold Engineering Company (D070763), the Fourth Appellate District examined the criteria for evaluating the reasonableness of a parties’ denial of requests for admission (RFA’s) based upon their expert’s opinions and the proof required… Continue reading Reasonableness of Denial of Requests for Admission Based Upon Expert’s Opinions Depends On Factors Within Party’s Understanding