Whenever the court requires a construction expert to be used as a witness in a case, the person is required to have extensive knowledge and experience in the world of construction. This implies that the expert witness must understand all aspects of accidents, defects etc. better than the average person.
Such a professional with experienced background has generally devoted years to fully grasp the factors and elements involved in the given matters. Such expert witnesses in courts are required to provide testimony that proves certain evidence and facts of the incident where an accident occurred.
When the case involves it, the process of building, contracts with clients and contracting companies, financial obligations, bonds, insurance coverage, management, land use and deeds, easements and licensing should all be easily explained by the expert witness.
Identification of Defects
To prove the validity of a suit, it is essential to identify the defects that exist in a building. This can be done using the blueprint designs or the expert may be able to do it from experience of constructed objects. Defects can also be identified through inferior materials/tools. Other tests can also be performed to determine the cause of defect. If the problem causes erosion or crumbling of a building, it is evident that the material used was inferior than the one proposed in the contract.
Many kinds of inspections can be done with proper tools that provide an expert to detect if a defect is present in a building or its structure. Certain defects can be noticed through visual inspection while others require specific detection processes. Sometimes designs may prove that a defect exists that might cause later issues, but defective materials or parts are usually rather difficult to undermine.
Qualified Construction / Architectural experts used for Testimonies
A person providing expert testimony for a case involving construction defects, he/she must be a professional of the industry involved in the case. While they may have knowledge of different aspects, there’s a standard amount of understanding that is required. An expert is supposed to have specialized expertise in the construction field and should know the complex problems that may exist in the given case.
How to qualify an expert witness
Several cases resulted in failure since no thought was given to the use of an expert witness or it was determined by the counsel that such a use didn’t exist. However it is essential to hire such professionals to assist in overall strategy to overcome complications in a suit. While qualifying an expert witness, the fact that he/she may aid in developing the examination of evidence, determining necessities and helping the parties and judges involved in comprehending the technicalities of materials, codes and regulations, completion of tests etc.
Objectivity of the Expert
It is crucial that the hired expert witness for a client remains objective overall. This is to maintain his/her credibility so as to assist in removal of the expert from being biased. Honest proceedings also impress judges and jury with the truthfulness of the fact. Question concerning the credibility of such a witness may be issued by opposing counsels. However when the answers provided are honest, no set of questions should disturb the case for either party involved. Thus the details provided are informative and help the judge determine the case based on facts instead of who is involved.
Hiring an Expert Architectural Witness
An expert witness should be sought for cases where the knowledge of how designs and materials can cause defective erections is required. The low-quality or poor equipment and resources could be explained by expert witnesses, making them invaluable to architectural cases.
Originally posted 2017-07-12 22:20:17.
That is really interesting that if an accident occurs at a construction site the court will bring in a construction witness. It makes sense that they would have to have a very experienced background in construction to give a full report on what happened. I know I would want someone who knew what they were talking about on the stand.