A construction defect expert witness plays an important role in civil and criminal cases involving contractors, architects and engineers. A construction defect expert witness acts as an objective third-party expert in assessing and explaining how construction defects occur. Most construction defect claims come from one of these:
An act of negligence by a contractor, architect or engineer results in an injury to a third party. The resulting damage is either physical or psychological. A construction defect expert witness analyzes these events, attempts to explain why they occurred, and explains what actions were taken to correct them. In many construction defect claim cases, this witness will be called upon by the defense to describe in detail what actions were undertaken and the results of those actions.
Sometimes the construction expert witness will be called upon to help the jury determine if there was an act of negligence on the part of the contractor or another party. For example, if a foundation fracture occurs in a structure, the jury might question whether or not the contractor should have anticipated that fracture and take steps to repair it prior to construction. Again, the construction expert witness analyzes the facts and makes a reasonable opinion as to why the contractor should have known about the possible foundation crack and taken reasonable steps to repair it prior to construction.
Another example is when a builder advertises a particular building design but does not incorporate all of the information that should go into that design. As a result, a builder may be found liable for failing to make required changes. Again, the construction defect expert witness analyzes the details of the design and communicates to the jury just why the builder’s design did not incorporate everything that should go into the building. On the other hand, the witness analyzes the facts and figures and tells the judge or jury why the building design was substandard. Ultimately, the expert’s report gives the judge and jury the facts and figures that support their conclusions.
If you are trying to win a construction defect claim against a builder, it is important to hire an expert who analyzes the facts and figures in a way that helps you win your case. For example, if you are trying to win a construction claim against a general contractor you must show the general contractor that he/she did not take reasonable precautions to ensure that the construction project would be safe. In most construction projects, safety is one of the major factors that the general contractor must take into consideration. In order to do this the construction defect expert witness analyzes the facts and figures related to the safety of the construction project. This can include documenting the frequency of incidences related to slips and falls as well as documenting the location of dangerous conditions.
The construction defect expert witness can be called upon to give his/her testimony regarding whether or not the construction was inherently dangerous. Additionally, the expert can also be asked to examine whether or not workers were provided adequate training prior to being placed on the job. It is important to note that construction defects should always be properly documented and included in any construction documents so that they will be inspected and held against the construction of the project. This way the risk of future construction defects will be greatly reduced. Your case will be much stronger if you have documented the construction defects as early as possible in the process.
Your construction company may choose to hire an expert to provide an opinion regarding the building design. In these situations, the witness will analyze the building plans, the drawings, blueprints, schematics and any other documents that are associated with the construction of the project. Typically, when a plan or blueprint for a building design is presented to a contractor, this document is required to be completely accurate in order for the builder to build the project. By presenting an inaccurate plan or blueprint, the builder will not be permitted to construct a building, which could result in legal ramifications for him/her.
A construction expert witness in Galveston can also be asked to testify regarding the cause of construction defects. In instances where there has been poor craftsmanship or manufacturing, the expert may provide his/her opinion as to whether or not defects were caused by poor craftsmanship or the product manufacture. In addition, if there have been manufacturing problems within the construction of the product, the expert may provide guidance as to the way to resolve these problems before construction is begun. An expert will provide objective and unbiased information in these situations, allowing the jury or judge to arrive at an unbiased decision regarding construction defects.
