Construction projects are riddled with disputes. Construction defects, delays, overruns, and safety issues can quickly turn into legal battles. And when the case goes to trial, both laypeople and jury members find it hard to grasp the technical details. This is where construction expert witnesses step in!
These are individuals with specialised knowledge and expertise in the construction industry.
That said, is it actually worth working with a construction expert witness? Or is it just an expense being added to an already costly legal battle? Here are five reasons hiring a construction expert witness is worth it:
- They Make Complicated Issues to Understand
Construction sites are not courtrooms. Judges and jury members often have little knowledge of blueprints, building codes, environmental regulations, and engineering processes. This can create a communication gap, leading to delays.
A construction expert witness can make technical terms easy to understand.
Let’s say a building starts showing cracks in the foundation. Is it due to faulty design or cheap materials? Only a construction expert can answer such questions.
- They Bring Unparalleled Expertise
Construction expert witness services bring unparalleled expertise to a legal battle. They mostly have a background in architecture, project management, engineering, or construction law.
As a result, they can inspect every aspect of a construction project. This includes:
- Licensing and permits
- Material quality
- Structural design
- Engineering practices
With specialised knowledge, they can assess whether the involved parties adhered to industry practices and fulfilled their legal duties. Construction expert witnesses also conduct site visits or physical inspections to gather evidence. This helps them understand site-specific details.
- They Offer an Unbiased Opinion
Impartiality and objectivity are the two most important responsibilities of a construction expert witness. These professionals do not have any personal stake in the outcome of a case. They are bound to present an unbiased analysis of the facts, technical details, and evidence.
Moreover, expert witnesses must adhere to the ethical standards set by institutions such as the International Council for Commercial Arbitration (ICCA) and the Federal Court of Australia Expert Evidence Practice Note (GPN-EXPT).
- They Can Strengthen Legal Arguments
The opinion of a construction expert witness carries immense weight in a courtroom, especially in overly complex cases where pinpointing the cause of a defect isn’t easy.
In addition to preparing reports, expert witnesses can present their findings. This will increase the credibility and persuasiveness of a party’s legal arguments.
- They Speed Up Settlements
Legal disputes in construction can drag on for months, if not years. Given how much money is at stake, both sides continue arguing and keep on presenting “evidence.”
A construction expert witness can fast-track the case. Their independent analysis highlights the real cause of the defect or delay, making it harder for the responsible party to deny responsibility.
This will not only save time but also reduce stress. Both parties can move forward instead of being stuck in endless litigation. With the presence of a construction expert witness, both parties are likely to negotiate and agree on a fair settlement.