Construction Defects Experts: Adding Value at Every Stage of Litigation
Construction defect litigation can be challenging, with many procedural guidelines that should be considered by both sides of the litigation. Expert witnesses can help to ensure that the case is brought and proceeds correctly. With their work beginning at the outset and continuing through resolution of the case, experts ensure that the allegations are based on evidence, not assumptions or guesswork.
The Role of Construction Defect Experts: Pre-Litigation Stage
Engagement of experts in construction-related disputes typically differs from other forms of litigation, as experts are often consulted and retained early in the process—before a lawsuit is filed. In cases involving alleged construction defects, professionals such as structural engineers, building science experts, certified mold consultants, and industrial hygienists are brought in to inspect the property for potential issues. These experts play an integral role from the outset, conducting thorough inspections, documenting findings through photographs, and preparing detailed written reports.
The expert report is a critical component in preparing the claimant’s case prior to pursuing legal action, as it must identify the construction defects sufficiently to provide the builder with reasonable notice of all claims. In accordance with the Residential Construction Liability Act (RCLA), a demand letter is required before initiating legal proceedings and should specify the defects observed on the property. The inspection and resulting expert report are vital for substantiating these claims, rendering them indispensable in the early phases of dispute resolution.
The Role of Construction Defect Experts: Litigation Stage
Should the dispute advance to litigation, expert findings will serve as principal evidence supporting the specific claims against the defendants. Throughout the discovery process, construction defect experts are typically called upon to testify, most often through deposition and subsequent cross-examination to explain and defend their conclusions.
Our experts have withstood this process many times and have proven the merits and validity of their opinions. By being prepared, they can withstand intense cross-examination and thereby strengthen the overall case by effectively communicating their findings and conclusions.
Conclusion
The experts, practitioners, and clients all form a strong team that is able to consider the science, the law, and the experience of each respective member. Each one plays an important role in creating a strong case based on facts and supported by the evidence collected by the experts. In construction defect litigation, expert witnesses are crucial to the overall success of the case, particularly in matters involving property owners’ associations or shared property construction claims.
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