Open AccessExpert Witness Testimony in Construction Litigation by Construction-Area Faculty
Author(s) -
Neil Opfer
Publication year - 2021
Publication title -
epic series in built environment
Language(s) - English
Resource type - Conference proceedings
ISSN - 2632-881X
DOI - 10.29007/g1g8
Subject(s) - expert witness , plaintiff , presentation (obstetrics) , construction contract , construction industry , construction management , witness , best practice , compensation (psychology) , engineering , public relations , business , contract management , construction engineering , law , psychology , political science , marketing , civil engineering , medicine , radiology , psychoanalysis
A common component in construction litigation in the United States and throughout the world is the use of expert witnesses typically by both the plaintiff and defense. In the U.S., construction-area faculty often may be asked to serve as experts in these construction disputes. While many construction-area faculty members are aware of this practice area, due to a lack of understanding of requirements for experts, they may have not fully considered the benefits of being an expert in terms of career development, industry contact, and other areas. Interviews were conducted with several construction-area faculty members that serve as experts in construction disputes possessing significant experience in this area. The goal was to examine both requirements and benefits for the faculty member who acts as an expert witness. These requirements include verbal/written communication skills, background knowledge, research/analytical ability, and presentation ability before arbitrators, judges, and juries. The benefits besides obvious financial compensation include continued industry experience and contact along with keeping abreast of industry practices. The expert experience of these faculty members in construction litigation disputes was centered on construction safety/accidents, construction defects, construction contracting issues, construction scheduling issues, and construction cost issues.