Whether it is a new home, apartment complex, business, commercial building, industrial complex or something else, new structures need to be built properly.
Because there is a constant demand to build and renovate, construction companies and those involved in the designing and inspection processes, may face complaints concerning construction defects. These matters can evolve into large cases, making them complex and involving numerous parties. As such, those facing claims of construction defects should understand how they can defend themselves and the important role an expert witness can have in the matter.
Using expert witnesses
When a claim of construction defects is brought against you or your company, there is a lot at stake. These matters can become costly, especially if liability is placed on you. Thus, it is vital to explore expert witnesses, as they play a prominent role in the case.
While the purpose of an expert witness can range, most often they are used to describe the defect purported, determine the cause of the defect claimed and to propose a fix for the defect. Often, expert witnesses are used to delve into specifics, such as the construction methods and materials used.
Types of expert witnesses
If a building design or the outdoor area of the structure is the focal point of a defect claim, a design or architectural expert could testify to the safety of the structure or area, code compliance, inspections conducted, the material choices and the maintenance performed.
If the workmanship is under scrutiny as the cause of the defect, a general contractor or a trade-specific contractor or building code expert could serve as an expert witness. A general contractor will have the expertise for the type of construction at issue and the ability to testify to each phase of the construction process, beginning with the design and ending with its completion.
A trade-specific contractor could serve as an expert witness for matters for specific types of construction. This could include roofing, windows, exterior surfaces, framers, waterproofing, shower installation or sheet metal work, and they could testify to the scope of work completed by each trade for the overall project.
Depending on the claim against you, you may want to consider the use of various expert witnesses. A legal professional can help you understand your options and rights, ensuring you take the necessary steps to protect yourself from a defect claim.