When do you need a construction consultant?
Retain a construction consultant when:
- There are disputes over construction defects, methodology, quality assurance, cost issues or cost overruns.
- You want to locate and repair existing or potential problems or defects.
- Lawsuits are a possibility, or have been filed.
What is destructive testing?
Destructive testing is when a contractor takes apart an area of a building to see how it is constructed, or to test for specific conditions. This is typically done as part of a forensic investigation directed by a consultant and an attorney. When the investigation is complete, the contractor repairs the area.
What is a forensic investigation?
Forensic investigation is a way to gather evidence when there are disputes about existing construction defects. In the area or areas of the building being investigated, the consultant will closely examine the construction materials, methods and related documents. The consultant typically documents his or her findings with photos, videos and notes.
What is construction litigation support?
Construction litigation support is a broad name for the expert opinions and supporting evidence that construction consultants give to attorneys or judges. Attorneys use these opinions to support or deny claims. Frequently, expert opinions are testimony given in court, or in depositions.
When providing expert opinions, consultants may prepare documents or exhibits for the attorney or the court. Examples of these are photos, videos, physical samples, test results, defect and damage mapping, repair evaluation reports, analyses of costs and constructability, construction mockups and audio-visual exhibits.
What is an expert witness?
An expert witness is a person that has a combination of education, skill, training or years of experience that qualify in court as a person who can express a valid expert opinion.
Expert witnesses can only testify in their specific areas of expertise.
An expert witness is qualified to give an opinion if these 4 conditions are met:
(a) The expert’s scientific, technical or other specialized knowledge will help the court understand the evidence, or to determine a fact that is in dispute.
(b) The testimony is based on sufficient facts or data.
(c) The testimony is the product of reliable principles and methods.
(d) The expert has reliably applied the principles and methods to the fact or issue that is in dispute.
What is a construction attorney?
A construction attorney has specific training and experience dealing with construction contracts, claims, accidents, liens, arbitration, insurance, defects and lawsuits. He or she understands the legal principles and methodologies concerning all areas of construction law.
Construction lawyers have familiarity with construction issues, know how to address the construction industry, how to work with expert witnesses, and how to approach the courts in the proper manner.
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Important legal information:
- Westcon does not provide legal advice.
- Westcon provides this website as a general information resource for members and the public.
- Westcon does not endorse its members’ services or products and does not receive commissions from members or their businesses.
- Nothing on this web site constitutes legal advice. Consult an attorney if you need legal advice.
WESTCON IS A NON-PROFIT ASSOCIATION OF CONSTRUCTION CONSULTANTS