The Expert Witness in Construction

Author: Robert Horne
Publisher: John Wiley & Sons
ISBN: 1118654358
Format: PDF, ePub, Mobi
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The role of the expert witness has long been important in the resolution of construction disputes. The specialist opinion brought by the expert can aid understanding and interpretation of the facts of the dispute, and may be influential in deciding the outcome. The variety of dispute resolution procedures and the requirement for the expert witness to be independent places a heavy burden on the parties to identify and instruct an appropriate expert, and on the expert to ensure they discharge their duty in the correct manner. The Expert Witness in Construction explains, in practical terms, the way in which experts work with particular reference to the construction industry. Within this book the Expert's role is explained in legal and practical terms as a progression from understanding the basic principles by which Experts can be identified, through appointment, to giving evidence before a tribunal. At every stage commentary is given to: help and guide professionals new to the arena of expert evidence; act as a resource for those already acting as Experts; assist party representatives looking for best practice guidance on the instruction of Experts; and provide parties to disputes information on what they should expect from the Expert they appoint to explain the issues in the case. Covering all the implications of identifying, appointing, instructing and relying on experts, it will help the reader to understand why experts are instructed in the way they are, how to identify the expert that is right for a particular case and how evidence should be presented. Written by a practicing lawyer and a consultant with extensive experience of acting as an expert witness, the requirements of both the lawyer and expert are discussed. As such, it will help both parties to understand each other resulting in a closer, more productive working relationship.

The Expert Witness in Construction Disputes

Author: Michael P. Reynolds
Publisher: John Wiley & Sons
ISBN: 0470680202
Format: PDF, ePub, Mobi
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The role of the expert witness has long been important in construction litigation and arbitration and most other types of dispute resolution. Today there is a heavier burden on experts because of the diversity of the appropriate dispute process and the added responsibility this brings. The Woolf reforms and the introduction of the Civil Procedure Rules are having a major impact on the role of the expert witnesses. No longer is the expert accountable just to the client but directly owes a duty to the court. In the smaller value claim a new opportunity of acting as single joint expert arises where the parties can save time and money. There is greater flexibility in arbitration under the Arbitration Act 1996 and a need for expert evidence in the statutory process of adjudication. This book takes account of all these changes, taking the expert stage by stage through his or her duties, from the investigation, preparation and exchange of expert reports, disclosure of documents, the importance of different types of evidence, to preparation for the hearing itself and the giving of oral evidence. The appendices feature appropriate references to the Civil Procedure Rules, guidelines for experts, protocols and other materials of practical interest. Throughout, reference is made to relevant case law.

The Straight Truth

Author: William Gulya
Publisher: Dog Ear Publishing
ISBN: 145750670X
Format: PDF
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Have you been wondering how to turn your experience and expertise into a lucrative and rewarding second career? This book is for everyone seeking The Straight Truth about the highly rewarding, high-stakes world of the expert witness. In these pages, the author shares valuable information about launching, marketing, building, and conducting an expert witness practice-but he does not stop there. Gulya discusses actual cases on which he served as an expert witness, revealing lessons learned, and alerting the reader to potential opportunities and pitfalls. With humanity, candor, and humor, he takes the reader right into deposition and trial, and lets them experience all the drama, heartbreak, and triumph of the expert witness life. William "Bill" Gulya has forty years of experience in the sitework construction business. He is a highly respected and sought after expert witness in his field. For many of those years, he has been the principal of Middlesex Trenching, a company founded by his late and beloved father. Over the years, Gulya grew the business from a tiny company using the local deli as an office, into a highly successful enterprise. The author and his wife Kathy have two children- Stacy and William, III-and four grandchildren, whom they adore. Gulya derives great satisfaction from using his extensive experience and knowledge to make a difference in people's lives. When he is not busy guiding justice toward the truth, he can often be found on the golf course, ruminating on the evidence in his latest case, and perfecting his golf swing. (Visit www.siteworkexpert.com)

Expert witnesses

Author: Carol A. G. Jones
Publisher: Oxford University Press, USA
ISBN:
Format: PDF
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This book is the first socio-legal analysis of the role of experts in the legal process, focusing on the role played by expert witnesses in the pre-trial construction of legal cases. It examines the history of forensic science in terms of its cooptation by the law as an aid to advocacy. Given recent concerns about the reliability of forensic evidence in criminal cases, the book is especially topical. Its argument is that, far from being 'abnormal' or 'deviant' science, forensic science in these cases of 'miscarriages of justice' represents a normal practice of science and a typical practice of science in the harness of the law. In some respects, our recent disillusionment with forensic science stems from a wider loss of faith in the promise of modernity - science no longer may be relied upon to provide us with the certainties we seek in order to construct our everyday lives. In one sense, therefore, our loss of confidence in forensic science and the criminal justice system is part of a more profound malaise. This book examines the various options available to us and analyses the ways in which the legal system has, in the past as in the present, sought to redeem its role as a primary means of truth-finding and deliverer of certainty. The book contains new material on the history of science and law as well as drawing upon empirical data and observational study to demonstrate the 'behind the scenes' links between, and pre-trial practices of, lawyers and scientists. It argues that recent attempts to resolve our crisis of confidence in forensic science by moving towards an 'independent' forensic science service are misguided and will eventually lead to 'state closure' of forensic services.As an alternative to this scenario, the author proposes a mixed economy of forensic services, comprising a strong freelance/university sector to off-set the present virtual monopoly by the State. Its analysis and proposals should be of interest to anyone interested in the findings of the Royal Commission on the Criminal Justice System.

Proving and Pricing Construction Claims

Author: Robert Frank Cushman
Publisher: Aspen Publishers Online
ISBN: 9780735514454
Format: PDF
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The most useful, definitive resource available on every aspect of construction claims, including how to present the claims, how to calculate and prove the amount of damages sustained, and how to prove liability. It even covers the clauses that should be in every construction contract. You'll get comprehensive coverage of all the important issues -- delay claims, differing site conditions claims, claims for lost profit, international claims, and much more. Includes a variety of winning strategies, practice tips, and helpful checklists to minimize damages and maximize collectability.

Construction Law Update 2015

Author: Neal J. Sweeney
Publisher: Wolters Kluwer Law & Business
ISBN: 1454857196
Format: PDF, Kindle
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For the past twenty one years, legal and business professionals in the construction law industry have eagerly anticipated the annual release of this best-selling guide. The Construction Law Update chronicles and communicates changes in the construction law industry. Comprised of 14 informative chapters -- each written by an expert or experts in the field -- the 2015 Edition offers these contributing authors' timely, practical analysis on many current issues in the construction law industry. Construction Law Update brings you up-to-date with new developments impacting six major geographical regions of the United States: Southeast, Northeast, Southwest, West, Northwest, and Midwest. For these regions, you'll discover what's happening in vital areas like: New legislation affecting payment obligations Bidding rights and obligations Contractual rights and obligations Bonds and liens Insurance and sureties Building Code issues Arbitration And more!

Architect and Engineer Liability

Author: Kevin R. Sido
Publisher: Aspen Publishers Online
ISBN: 0735561036
Format: PDF, Kindle
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Now you can keep construction design exposure to a minimum! Prepared for design and construction professionals and their attorneys, this comprehensive, up-to-date resource is written by eminent authorities in the field. It details all relevant topics: risk management, alternative dispute resolution, trial conduct, handling shop drawings, insurance and surety, and more. You'll get straightforward answers to all your legal questions, as well as examples of the valuable lessons learned by leading design and construction experts.