Regarding Selection of Experts
No matter what side of the fence one is on in a construction defect lawsuit, the testimony of the construction experts and their supporting documentation plays a huge role in the outcome of the case. Donald Brenner from Stark & Stark addresses this issue:
A lot of careful thought has to be given to what claims are worth fighting about, because the association will likely have scarce resources available to it. Much of the value that counsel brings to this process is counsel’s experience and judgment and counsel’s relationships with experts who are particularly skilled in disciplines that are responsive to the needs of the association.
Some key questions that need to be addressed in any CD case are:
- “How good are plaintiff’s experts?”
- “How strong are plaintiff’s proofs on liability and damages–especially consequential damages as is discussed in detail below?”
- “Can the proofs be understood by the jury?”
How good are your experts? How strong is their evidence? How will they stand up in front of a jury if the case goes to trial?
21 December 2006 | Construction, Construction Defect, Consulting, Experts, Litigation | Comments
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