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The Use of California Construction Expert Witnesses

Outside persons can help lawyers win their cases. One example of such assistance for lawyers is the use of California construction expert witnesses to achieve success in construction law cases in California.

Role of California Construction Expert Witnesses

There are two specific roles for California construction expert witnesses. First, in written statements, in depositions, or at trial, construction expert witnesses offer their opinions on specific construction law issues in California cases. As such, they provide critical “evidence” for lawyers in proving cases for their clients in California. Second, construction expert witnesses clarify complex construction issues and simplify them to be better understood by a judge and/or jury in California.

Issues Addressed by California Construction Expert Witnesses

California construction expert witnesses help lawyers by addressing a wide variety of construction law issues in California. Specifically, they can aid lawyers on such issues as construction costs, construction damages, construction defects, construction delays, construction design, construction estimates, construction management, construction materials, construction safety, compliance with applicable building codes, home improvement, new construction, standard of care, structural engineering, and toxic mold.

Cases in Which California Construction Expert Witnesses Get Involved

California construction expert witnesses help lawyers by getting involved when the above-described construction law issues arise in many different types of cases in California. Specifically, they can assist lawyers in such cases as real estate contract litigation, real estate development litigation, title insurance litigation, construction personal injury or wrongful death litigation, mechanic’s lien litigation, land use litigation, zoning proceedings, government permit proceedings, and regulatory compliance proceedings.

What Makes a Good California Construction Expert Witness?

In hiring a California construction expert witness, a lawyer should consider several important factors. The lawyer should find a construction expert witness who has knowledge and expertise in the specific construction area necessary for the lawyer’s case. For example, if the lawyer’s case involves toxic mold issues, the lawyer should not hire a construction expert witness who has exclusively worked on construction cost or construction delay issues and has no background concerning toxic mold. Another factor to distinguish construction expert witnesses is their familiarity with the specific nature of California construction.

There are certain climate, soil, and other issues (i.e., potential for earthquakes) endemic to construction in California that would be inapplicable to construction in New York, Florida, or other parts of the country. In addition, if the California construction expert witness is being retained to testify in litigation, the lawyer should assess how the person potentially would perform in a deposition or at a trial.

Does the California construction expert witness possess good communication skills? Can the California construction expert witness testify articulately on construction issues, including simplifying complicated matters and not coming across as pompous and arrogant? Perhaps most importantly, what has been the prior experience of the California construction expert witness in testifying in other similar cases? The lawyer should carefully weigh which California construction expert witness should be brought into the case; a good selection, and the use of an effective California construction expert witness, can dramatically increase the likelihood of success in the lawyer’s case in California.

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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.

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