Sandy M. Kaplan | JAMS When neutrals retain experts in ADR—what works and what to watch for Construction and business disputes often present complex issues that the mediator or arbitrator must understand to help settle the case or reach an informed arbitration decision. In order to help in this process, the neutral may elect to… Continue reading Mediator-and Arbitrator-Retained Experts in Construction or Business Disputes
Tag: expert witness
4 Key Takeaways | Insights from Arbitrators and Advocates: The Pros and Cons of Alternative Delay and Damages Quantum
Gautam Y. Reddy | Kilpatrick Townsend & Stockton Kilpatrick’s Gautam Reddy joined a panel of fellow thought leaders at the 2025 Construction Super Conference to discuss “The Pros and Cons of Alternative Delay and Damages Quantum.” The panel discussed delay and disruption claims in construction disputes where each side is armed with experts providing competing opinions on delays and damages. They… Continue reading 4 Key Takeaways | Insights from Arbitrators and Advocates: The Pros and Cons of Alternative Delay and Damages Quantum
Construction Expert and Judge Living in the Same Hood Is Not Grounds For Recusal
Matthew DeVries | Best Practices Construction Law In a recent Tennessee Court of Appeals decision, Nowaczyk v. Daniels Construction (Nov. 4, 2025), a contractor tried to disqualify the trial judge because the judge happened to live in the same neighborhood as a potential expert witness for the homeowners. The court’s response? Proximity isn’t prejudice. The dispute started… Continue reading Construction Expert and Judge Living in the Same Hood Is Not Grounds For Recusal
Cross-Examination of Fact Witnesses: the Civil Law Perspective
Philippe Pinsolle | Global Arbitration Review As a right to cross-examine a witness or expert generally does not exist in the civilian tradition of civil procedure (although some right may exist in criminal procedure),[1] an advocate trained in civil law is likely to be unfamiliar with the concept of cross-examination. This, one may conclude, would cede… Continue reading Cross-Examination of Fact Witnesses: the Civil Law Perspective
Insurer’s Use of Conflicting Reports Not Bad Faith, Says Court
Paul Ferland and Joshua Tumen | Property Insurance Law Observer In El Dueno, LLC v. Mid-Century Insurance Company (2025 WL 1540329) (10th Cir. 2025)), the Tenth Circuit Court of Appeals affirmed summary judgement on behalf of the insurer on the basis that the insurer did not act in bad faith when it denied the insured’s claim based… Continue reading Insurer’s Use of Conflicting Reports Not Bad Faith, Says Court