The Credibility of Your Expert (Including Your Delay Expert) Matters in Construction Disputes

David Adelstein | Florida Construction Legal Updates Here is a quote from a judge in an order after the bench trial of a complex construction dispute between a prime contractor and subcontractor on a federal project: The evidence received in this case demonstrates the dynamic nature of complicated construction projects. At every step, the details matter, and… Continue reading The Credibility of Your Expert (Including Your Delay Expert) Matters in Construction Disputes

Expert Can be Questioned on a Construction Standard, Even if Not Relied Upon

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

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

Address Anti-Expert Bias: 5 Ways

Dr. Ken Broda-Bahm | Holland & Hart It has been a rough couple of years for science. Our newly-unmasked population seems to be more divided than ever about our ability to rely on science in applying systematic and neutral procedures in order to find reliable answers to the questions that matter. A sizable chunk of… Continue reading Address Anti-Expert Bias: 5 Ways

Insurers Challenging Awards When Appraisers’ ‘Disinterest’ in Question

Claims Journal Insurers created the appraisal process to provide an efficient way to resolve disputes outside of the courtroom using disinterested experts, but lately insurer skepticism about appraiser impartiality has become a new source of litigation. Insurance defense attorneys are increasingly likely to challenge appraisal awards that they believe are tainted by appraisers who are… Continue reading Insurers Challenging Awards When Appraisers’ ‘Disinterest’ in Question