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How To Effectively Attack & Defend Expert Testimony: Introduction – Blog 1 Of 9

How to Effectively Attack & Defend Expert Testimony: Introduction – Blog 1 of 9

Post Series: How to Effectively Attack & Defend Expert Testimony

Construction litigation often involves complex technical issues that require expert analysis and testimony. Delay cases may require an expert versed in critical path methodology to analyze base line and updated construction schedules, review and evaluate voluminous project documentation to establish an “as-built” schedule, and then determine delays to the critical path and responsibility for those delays. Depending on the nature of the critical path delays, additional experts may be required to determine responsibility, including civil, structural and MEP engineers. Construction defect cases may also require expert witnesses from multiple disciplines. Water intrusion cases can require structural engineers to analyze whether construction deviations in glazing systems present structural issues, while other experts may be needed to evaluate the air infiltration and water intrusion issues. A mechanical expert may also be necessary to evaluate related building pressure issues. Claims involving defective storm water systems can include civil, environmental, geotechnical and sometimes even structural engineers. Design professionals are needed as experts to provide standard of care opinions for claims relating to defective design. Because the need for sophisticated expert testimony in construction cases is common, the first step in effectively attacking or defending expert testimony is obtaining a working understanding of the legal standards for presenting and admitting expert testimony in Florida.

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