Managing Construction Investigations with the Help of an Expert Witness
Investigations into construction incidents are important. When, where and how someone is injured or killed in an accident determine how much compensation, what penalties and who may be responsible.
These cases often take expert witnesses to reveal numerous details that may not have been revealed without professional assistance. This means that the person or company that is held accountable may not have been discovered through a standard construction investigation without the aid of an expert. These persons have a background in forensic sciences and scientific standard methods that are used to uncover many different elements of investigations. With the help of an expert witness, managing construction investigations generally yields better results.
Standard methods for investigations and uncovering clues and facts about a case are not usually similar to other types of investigations due to construction standards, safety protocols, building codes and inspections and the various regulations and guidelines that go along with construction projects. This means that the specific time an incident occurs could lead to another individual involved in the matter whereas only 30 minutes prior, that person would have nothing to do with the claim. Other professionals that issue codes or violations to protocols could become part of the construction claim in the court room. Along with the lawyer, the expert witness is needed to clarify and explain most details and facts for these claims.
End of Construction ProjectWhen a construction project ends, there are often claims, disputes and conflict that arise based on various issues. If the job was not completed as specified, the owner or manager of the building may file a complaint or attempt to seek legal assistance. It may be beneficial to initiate a construction investigation into the matter after the completion to ensure the person filing a claim has the legitimate right to do so before going to court. When the claim has not been resolved before the paperwork has been finalized or the contracting company departs the location, it may not be possible to keep them at the building.
There are sometimes change orders that are unresolved when the project has been completed. These are generally worked into the documentation or through an oral agreement with the construction company manager or owner. If the workers are contractors, then another agency or person may need to be communicated. However, these complications tend to lead to further conflict. If any other similar matters are not resolved through peaceful interactions, it is possible that a claim may be brought for breach of contract or similar concerns. When additional funds are applied for the changes and they are not completed, this may end in a lawsuit due to the owner of the building feeling cheated or taken advantage of in these circumstances.
Investigations with Expert WitnessThe expert witness hired for cases where investigations into construction complications are generally experienced with disputes, claims and difficult problems. They have the capacity to be both professional in the court room setting and have a calm and peaceful demeanor during negotiations with lawyers. With these professionals assisting, the complex matters of investigations and construction incidents may be better understood by the average person. The codes and building factors may be broken down, and injuries are more easily comprehended as to how they exist and why. When the case is harder to work out or there are inexplicable pieces of evidence that cannot be comprehended, the expert witness is invaluable for detailing defective issues, management with construction and piecing the incident together. Reconstructing the accident may be possible with enough proof and a timeline of what occurred when.
No matter what type of investigation is necessary for the case, there is usually an expert witness with the background and expertise necessary to assist. Even forensic investigations for construction incidents may be delegated to these professionals. It is possible to determine if the incident was caused by a construction crew, the project, outside influences or a company. With this knowledge, it may be possible to prove the liable party and ensure that compensatory damages are rewarded to the injured party. Some expert witnesses may assist in managing the construction investigations, or they may be part of various other stages that lead to testimony in the court room. They have the potential to safeguard investments or lead a case to a positive outcome. Without an expert witness, there are generally numerous aspects of a construction incident that may not make sense until they shed light on the issue.
Provided by HG.org
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.