Whether you are implicated in a domestic construction dispute, as a building professional or as a homeowner, it will often be advantageous or necessary to call an expert witness. Having a clear understanding of what an expert construction witness is and the implications of their role could be advantageous to you and your business… but why?
An expert witness’s role in a construction dispute is to provide documented, qualified and factual relevant evidence for facts in dispute. Hiring an expert witness is generally a costly and complicated exercise. Additionally, the role of the expert is often misunderstood as an impartial observer, rather than an advocate. Anxiety may even arise for parties in litigation when their chosen expert is found to be ” not in their favour” or when the other party’s expert is an “adversary” in contested proceedings. Thus, understanding the role, obligations and duties of expert witnesses to a court or tribunal is essential, and how they can assist in determining a construction dispute.
But First, What’s a Construction Expert Witness?
Before hiring a construction expert witness, it’s important to understand their job and know exactly what they can do for you. An expert witness in construction is known to be a qualified professional with both specialized technical knowledge in a particular field or sector and the skills to provide an opinion, both written and oral. An expert witness is someone who has greater knowledge in a certain area than others and can present this information in court to settle a dispute between different parties.
In the construction field, this means that the expert witness will know the ins and outs of the construction industry, as well as the legal aspects. He or she can provide testimony, if the court deems it necessary, and assist in the case. When it comes to hiring an expert witness in the construction field, it may be worth finding someone who specializes in your field to get the most value for your money.
How Can a Construction Expert Witness Assist Me?
If the issue has been brought to a court or tribunal, hiring an expert construction witness will help them make a fair decision. He or she will present the case to the court, which will help them get a clear understanding of what has been undertaken and whether or not there are legal implications. A professional construction expert witness will also provide you with unbiased and independent advice right at the first instance. The issues will be explained to you, which should give you a better understanding of the problems that have arisen.
By hiring a construction expert witness earlier, rather than towards the end of the case, you will be fully aware of the issues that have arisen. This can have many advantages – it may even lead to an earlier settlement, saving all parties additional hassles.
What Will Their Testimony Involve?
One of the main things that an expert construction witness will testify is the level of care, particularly when there’s an accident or injury. By gathering the necessary information, they can begin identifying the error causes. They will make sure their testimony is fair – and present the facts impartially to get the right result.
Where Can I Find A Reliable Construction Expert Witness?
The selection of an expert with the qualifications, knowledge and experience required to provide an objective opinion is essential for many construction disputes. When retaining an expert, it is also important to bear in mind that the expert is not the client’s lawyer. If you want more information or help and advice, have Kane Construction Management Inc on your speed dial! With years of practice within this field, they will provide more than just textbook answers.