The Expert Witness In Construction

Author : Robert Horne,John Mullen
Publisher : John Wiley & Sons
Page : 370 pages
File Size : 47,5 Mb
Release : 2013-08-26
Category : Law
ISBN : 9781118654354

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The Expert Witness in Construction by Robert Horne,John Mullen Pdf

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.

Author : Michael P. Reynolds
Publisher : John Wiley & Sons
Page : 240 pages
File Size : 43,7 Mb
Release : 2008-04-15
Category : Technology & Engineering
ISBN : 9780470680209

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The Expert Witness in Construction Disputes by Michael P. Reynolds Pdf

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.

Author : Steven Babitsky,James Mangraviti,Alex Babitsky
Publisher : SEAK, Incorporated
Page : 626 pages
File Size : 45,7 Mb
Release : 2006-01-01
Category : Law
ISBN : 1892904292

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The A-Z Guide to Expert Witnessing by Steven Babitsky,James Mangraviti,Alex Babitsky Pdf

The A to Z Guide to Expert Witnessing is the comprehensive work on expert witnessing. The topics covered include civil procedure, evidence, quali?cations, CV writing, forming and expressing opinions, report writing, testifying skills, marketing, fee setting, billing, collections, ethics, privileges, discovery, avoiding abuse and much more. It features 24 concisely written chapters, 26 appendices, hundreds of examples with easy to read summary head notes, priceless practice pointers and a detailed index. You will learn: * How to best connect with and persuade a jury * How to market yourself professionally and cost-effectively * Premium fee-setting, billing and collection techniques * Relevant rules of civil procedure and evidence, Testifying skills * Expert witness risk management, How to handle abuse by attorneys * How to maintain high ethical standards * How to bullet-proof your CV and written reports * How to meet challenges under Daubert * The limits of discovery and privilege * and much, much more Features: In the appendices you'll ?nd invaluable resources, which include: *A compendium of expert witness referral organizations, *A list of online and print directories, *A list of legal journals and other publications, *A list of forensic organizations, *A list of bar associations and other legal associations, *Model expert fee schedules, *Model fee agreements, *Model bills, and *A fee survey: what other experts are charging for their time

Author : Robert H. Pratt (Forensic engineer)
Publisher : Unknown
Page : 256 pages
File Size : 55,5 Mb
Release : 2019
Category : Building laws
ISBN : 1641053976

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The Effective Use of Forensic Experts in Construction Litigation by Robert H. Pratt (Forensic engineer) Pdf

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.

Author : Andrea Burns
Publisher : MICHIE
Page : 279 pages
File Size : 55,6 Mb
Release : 1989
Category : Construction contracts
ISBN : 0406111014

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Construction Disputes by Andrea Burns Pdf

The role and liability of the expert in construction disputes of all kinds is explained fully in this book. It describes the background to disputes, the law governing them, and the potential liability of the contractor and his professional advisers, from surveyors to lawyers.

Author : Clive Freedman,John Kendall,James Farrell
Publisher : Unknown
Page : 440 pages
File Size : 40,5 Mb
Release : 2014-11-30
Category : Arbitration (Administrative law)
ISBN : 0414034260

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Expert Determination by Clive Freedman,John Kendall,James Farrell Pdf

'Expert Determination' has been revised and updated, and includes a number of changes such as hanged perceptions of where expert determination fits into ADR, and the continuing battles about challenges to references before decision.

Author : Budd J. Hallberg
Publisher : AuthorHouse
Page : 140 pages
File Size : 48,8 Mb
Release : 2010-07-27
Category : Social Science
ISBN : 9781449099343

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How To Be An Effective Litigation Consultant And Expert Witness by Budd J. Hallberg Pdf

"This book identifies those industries most in need of litigation consultants and expert witnesses. They include: construction, medicine, securities, commodity futures, internet -telecommunications, real estate and corporate America. Before you try your hand as a litigation consultant or expert witness, this book is must reading. The qualifications a person needs to be a successful litigation consultant and expert witness are explained. The text examines various issues involving plaintiff and defendant representation. It names the various litigation forums available for hearing dispute resolution matters. If you are considering litigation consultant work as a career, this book is packed with valuable information. It tells you how to prepare an effective Curriculum Vitae and write a sound Expert Report. These two documents are essential to the litigation consultant and expert witness. The information in this book is based on experience gained in courtrooms across the nation. Hallberg's accomplishments as a litigation consultant have been widely recognized. For example, in a case before the United States District Court, Southern District of New York, the presiding Judge said, ""The Court in particular notes as helpful to its conclusion the testimony of the SHB Defendant's expert Mr. Budd Hallberg. Mr. Hallberg was a very compelling and convincing witness relative to the COMEX, clearly knowledgeable of its procedures, rules and regulations, as well as those of the CFTC."

Author : James J. Mangraviti
Publisher : Unknown
Page : 0 pages
File Size : 53,5 Mb
Release : 2014
Category : Evidence, Expert
ISBN : 1892904438

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How to Write an Expert Witness Report by James J. Mangraviti Pdf

Author : Michael P. Reynolds,PSD King
Publisher : Wiley-Blackwell
Page : 232 pages
File Size : 47,5 Mb
Release : 1992-11-10
Category : Technology & Engineering
ISBN : 0632033894

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The Expert Witness and His Evidence by Michael P. Reynolds,PSD King Pdf

The role of the expert witness has grown considerably with the enormous increase in litigation, particularly in the field of construction. This practical guide takes the expert through his duties stage by stage. The second edition includes more information on evidence, guidance on the expert's role in conciliation and mediation work, and a new chapter on negligence detailing the latest developments,

Author : Diana Holtham,Victoria Russell,Diana Hird
Publisher : Chartridge Books Oxford
Page : 189 pages
File Size : 49,7 Mb
Release : 1999
Category : Technology & Engineering
ISBN : 9781902375311

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Resolving Construction Disputes by Diana Holtham,Victoria Russell,Diana Hird Pdf

Summary: This book examines how disputes arise in the construction industry and suggests ways of avoiding them by identifying problem areas. It introduces the principal means of dispute resolution, litigation, arbitration, ADR and adjudication - it explains how each operates and considers the advantages and disadvantages of each method. The book is written in a straightforward approach and is clear, concise and practical. It has been prepared by a team of lawyers who work for one of the leading law firms engaged in this area. The book is aimed at all of the professions engaged in the construction industry. Contents: Introduction Dispute avoidance Litigation Arbitration Alternative dispute resolution Adjudication

Author : Mark Tottenham,Emma Jane Prendergast,Ciaran Joyce,Hugh Madden
Publisher : Bloomsbury Publishing
Page : 438 pages
File Size : 53,7 Mb
Release : 2019-11-28
Category : Law
ISBN : 9781526514257

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A Guide to Expert Witness Evidence by Mark Tottenham,Emma Jane Prendergast,Ciaran Joyce,Hugh Madden Pdf

A Guide to Expert Witness Evidence is a uniquely comprehensive exploration of expert witness evidence in Ireland. This new book places the expert witness in context, giving an overview of the Irish legal system both civil and criminal, and the different types of quasi-judicial tribunals and arbitration/mediation procedures. Once placed in this context, the practicalities of the expert witness' role are explored. The book explains who can be an expert witness, the scope and the limits of evidence given by expert witnesses, and the function and duty of expert witnesses. A key part of the book examines the role of the expert in a pre-trial context, including report writing, as well as the expert giving evidence in court. The book then examines experts in various contexts, whether in the commercial courts, family law, local authority disputes, or criminal, medical and engineering trials. The book is not only aimed at lawyers but also potential expert witnesses. In this way the book is a truly comprehensive guide to expert witness evidence, detailing not only the background and the logistics but also the practicalities.

Author : Ellis Baker,Anthony P. Lavers
Publisher : Rics Books
Page : 127 pages
File Size : 52,7 Mb
Release : 2005
Category : Evidence, Expert
ISBN : 1842192302

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Expert Witness by Ellis Baker,Anthony P. Lavers Pdf

This practical case-based guide will help property and construction surveyors act as expert witnesses in any form of dispute. It concentrates on the role of the expert witness, experts' instruction, duties, expertise, and potential liability.

Author : Great Britain: Law Commission
Publisher : The Stationery Office
Page : 224 pages
File Size : 47,5 Mb
Release : 2011-03-22
Category : Law
ISBN : 010297117X

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Expert evidence in criminal proceedings in England and Wales by Great Britain: Law Commission Pdf

This project addressed the admissibility of expert evidence in criminal proceedings in England and Wales. Currently, too much expert opinion evidence is admitted without adequate scrutiny because no clear test is being applied to determine whether the evidence is sufficiently reliable to be admitted. Juries may therefore be reaching conclusions on the basis of unreliable evidence, as confirmed by a number of miscarriages of justice in recent years. Following consultation on a discussion paper (LCCP 190, 2009, ISDBN 9780118404655) the Commission recommends that there should be a new reliability-based admissibility test for expert evidence in criminal proceedings. The test would not need to be applied routinely or unnecessarily, but it would be applied in appropriate cases and it would result in the exclusion of unreliable expert opinion evidence. Under the test, expert opinion evidence would not be admitted unless it was adjudged to be sufficiently reliable to go before a jury. The draft Criminal Evidence (Experts) Bill published with the report (as Appendix A) sets out the admissibility test and also provides the guidance judges would need when applying the test, setting out the key reasons why an expert's opinion evidence might be unreliable. The Bill also codifies (with slight modifications) the uncontroversial aspects of the present law, so that all the admissibility requirements for expert evidence would be set out in a single Act of Parliament and carry equal authority.

Author : Stanley L. Brodsky,Thomas G. Gutheil
Publisher : American Psychological Association (APA)
Page : 0 pages
File Size : 49,8 Mb
Release : 2016
Category : Law
ISBN : 1433820552

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The Expert Expert Witness by Stanley L. Brodsky,Thomas G. Gutheil Pdf

In this extensive revision of his classic guide, Stanley Brodsky, joined by coauthor Thomas Gutheil, continues to educate and entertain mental health professionals who are called as expert witnesses, teaching them simple, effective strategies for direct and cross-examination.

Author : William J. McConnell
Publisher : John Wiley & Sons
Page : 308 pages
File Size : 48,5 Mb
Release : 2022-08-02
Category : Technology & Engineering
ISBN : 9781119679905

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Fundamentals of Construction Claims by William J. McConnell Pdf

Demystify complicated construction claims with this indispensable guide Given how common complex claims have become in the modern built environment, Fundamentals of Construction Claims: A 9-Step Guide for General Contractors, Subcontractors, Architects and Engineers is an absolutely critical addition to the library of any construction professional. Written by William J. McConnell, PE, JD, MSCE, CDT, a celebrated lawyer, author, engineer, and expert witness, Fundamentals of Construction Claims sets out clear and concrete strategies for developing a construction claim from beginning to end. The author's straightforward 9-Step method helps readers avoid costly dispute resolution fees by: Explaining entitlement requirements for various types of claims, including differing site conditions, added scope, and weather delays Offering procedures for calculating delay impacts through forensic scheduling analysis Defining, in detail, four simple ways to prove damages Throughout, relevant case studies are used to illuminate the principles found within and bring life to the concepts the author introduces.