Expert Witness - Construction Litigation
What Is An Expert Witness?
An expert witness is a person with special wisdom, proficiency, or understanding in a particular subject about which he/she is to bear witness. Testimony given by such an observer, in his/her capacity as such constitutes expert evidence or expert testimony.
Who would need an Expert Witness?
Person’s problem solving with particular issues related to either faulty or neglectful work done by a contractor/sub contractor, material men or supplier of services related to the construction of a building or flawed or careless services provided by a home inspector.
If I've had A Problem With A Contractor What Should I Do?
First and foremost contact your Real Estate Attorney and until advised do not terminate your contractor. Second keep an accurate record and timetable of all correspondence and there subject matter. Keep calm and cool and try not to take the matter at hand personal, after all it is a business deal. Most of all hire a professional inspector to examine the work and all documents.
How Do I select An Expert Witness?
Ask your attorney , check the Internet or ask friends.
Questions to ask a potential Expert Witness:
Have you provided expert witness services in the past? Have you ever testified in court, arbitration or mediation? Do you have any licenses in the construction business or home inspection business? Do you have any inspector licensure or credentials? Do you have a written contract and what are your fees? Are you recognized in a court of law as an expert in your field?
If the answer to any of these questions is "no" then keep shopping for a qualified expert witness
What Services Can I Expect From An Expert Witness?
Some of the services an expert witness provides depend on the type of case. Typically there are several types of complaints that are of a concern to clients, they are; defects or deficiencies, deviations from plans and specifications, punch list items not addressed, claims of lien, delay and warranty problems. An expert can review all of the contract documents, do a full evaluation of the property and render an opinion with written reports, pictures, calculate a dollar figure for cost to correct items and testify in court. Each case must be taken individually.
What Are Your Fees?
Most expert witnesses charge a set fee per hour plus travel and related expenses. Hourly fees will vary depending upon the type of case, and the experience of the expert witness. You can expect an hourly fee of between $125.00 and $ 250.00 per hour. In most cases, Fred Sylvester of Accredited Building Consultants, Inc. charges between $ 150.00 and $ 175.00 per hour depending on the case. Time is billed on quarter hour increments. Most Experts will ask for a retainer, which can be $ 1,500.00 to $ 5,000.00 depending on the case. Be sure your expert has a specific contract explaining exactly what their billing policy is. In some instances a fixed price can be given. Call today to find out how we may be of service.
How Do I Keep Track of My Charges?
We set up an active time sheet on Google Drive that you can monitior live at any time to see exactly where your money is being spent.