John Mark Goodman | BuildSmart A Colorado federal court will allow a contractor to prove up more than $250 million in damages using the modified total cost method (see AECOM Technical Services v. Flatiron AECOM, LLC, Case No. 19-CV-2811, 2024 WL 22640 (D. Co. Jan. 2, 2024)). The AECOM v. Flatiron case involves a Colorado DOT project to add express lanes… Continue reading The Modified Total Cost Method to Calculating Construction Damages
Tag: expert testimony
Recent Amendments To Rule 702 Could Impact Expert Testimony Admissibility
Adam Rabinowitz | Attorney At Law Magazine Federal Rules of Evidence 702 governs the admissibility of expert evidence. It’s intended to safeguard the expert testimony presented to the jury. The first amendments to this rule in more than two decades go into effect December 1, 2023, and could affect how courts will admit certain expert… Continue reading Recent Amendments To Rule 702 Could Impact Expert Testimony Admissibility
Court Allows Expert Testimony Regarding Measured Mile Analysis Comparing Work on Different Projects
John Mark Goodman | BuildSmart Loss of productivity damages are commonly estimated using a “measured mile” analysis, which compares unimpacted construction work to work which has been disrupted to determine the cost impact of the disruption. Such analyses often require expert testimony that must satisfy the reliability requirements of Rule 702 and Daubert. Generally speaking, to… Continue reading Court Allows Expert Testimony Regarding Measured Mile Analysis Comparing Work on Different Projects
De Bene Esse Depositions: A Trial Testimony Insurance Policy
Susan Dent and Pamela Schultz | Kennedys In the wake of COVID-19, litigators all across the United States are noticing an old, yet infrequently utilized, evidentiary tool emerge to address unexpected trial witness unavailability: the de bene esse deposition. A Latin legal term literally translated to “of well being,” the phrase refers to various acts which are… Continue reading De Bene Esse Depositions: A Trial Testimony Insurance Policy
Changes to Rules Governing Expert Testimony Imminent
Michael Guggeinheim | Proskauer Rose Last month, the Advisory Committee on Evidence of the Judicial Conference of the United States’ Committee on Rules of Practice and Procedure voted to unanimously to recommend certain amendments to Federal Rule of Evidence 702, which governs the admissibility of expert witness testimony. This vote signals imminent changes that could… Continue reading Changes to Rules Governing Expert Testimony Imminent