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The Expert Witness in Construction Disputes

The Expert Witness in Construction Disputes
Author: Michael P. Reynolds
Publisher: Wiley-Blackwell
Total Pages: 217
Release: 2002-02-08
Genre: Technology & Engineering
ISBN: 9780632055128

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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 Expert Witness in Construction

The Expert Witness in Construction
Author: Robert Horne
Publisher: John Wiley & Sons
Total Pages: 370
Release: 2013-10-28
Genre: Law
ISBN: 0470655933

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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 Handbook

The Expert Witness Handbook
Author: D. G. Sunar
Publisher: Professional Publications Incorporated
Total Pages: 104
Release: 1989
Genre: Law
ISBN:

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This book explains every aspect of what an engineering expert witness is and does, who can qualify, how to find clients, how to charge for services, and much more. Extensive information is provided on conducting investigations, court procedure, and preparing and delivering convincing testimony.


A Litigator's Guide to Expert Witnesses

A Litigator's Guide to Expert Witnesses
Author: Cecil C. Kuhne (III)
Publisher: American Bar Association
Total Pages: 244
Release: 2006
Genre: Law
ISBN: 9781590317280

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The admission of expert witness testimony remains one of the most contentious, critical, and interesting aspects of modern-day litigation process. This book examines the role of the expert witness, focusing on taking depositions, expert qualifications, admissibility of testimony, attorney-client privilege, Daubert, rules of discovery and evidence, selecting and presenting experts, and direct examination of experts.


Discovery in Construction Litigation

Discovery in Construction Litigation
Author: Michael T. Callahan
Publisher:
Total Pages: 662
Release: 2003
Genre: Actions and defenses
ISBN:

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The Effective Use of Forensic Experts in Construction Litigation

The Effective Use of Forensic Experts in Construction Litigation
Author: Robert H. Pratt (Forensic engineer)
Publisher:
Total Pages: 256
Release: 2019
Genre: Building laws
ISBN: 9781641053976

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This book will help a litigation or arbitration team become more persuasive in telling the story about each construction issue or problem in a way that makes the complex case easier to understand, makes the truth more self-evident, and exposes the fallacies of any attempt to obfuscate the truth.


Expert Testimony

Expert Testimony
Author: Steven Lubet
Publisher: Aspen Publishing
Total Pages: 208
Release: 2020
Genre: Evidence, Expert
ISBN: 1601568703

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Order two copies of this book: one for yourself and one for your expert witness. It will give experts the confidence they need to be comfortable in court, and give you the skills necessary to emphasize the credibility of your experts. You can avoid pitfalls such as unintentional signals, inappropriate demeanor and appearance, and awkward body language by using Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them as your guide. In this newly revised Fourth Edition, Elizabeth Boals and Steve Lubet provide counsel on the development and presentation of expert testimony in the digital age, including discussion of visual aids and electronic discovery; analyze the Federal Rules of Evidence and Federal Rules of Civil Procedure; discuss the ethical rules governing expert retention and testimony; give examples of expert witness examinations and detailed discussion of techniques for coping with lawyer questioning; and provide checklists for quick reference. The collaborative effort of Professors Lubet and Boals has resulted in a new edition worthwhile to both the expert witnesses and the lawyers who examine them.


Law for the Expert Witness

Law for the Expert Witness
Author: Daniel A. Bronstein
Publisher: CRC Press
Total Pages: 250
Release: 2007-03-19
Genre: Law
ISBN: 1420046748

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Extensively updated and expanded to incorporate legislative and practical changes enacted since the publication of the previous edition, this third edition of Law for the Expert Witness comprehensively covers the current processes and techniques of legal procedure. Beginning with procedural issues that an expert witness would encounter i