GORDON & SYKES, LLP
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Monthly Archives: February 2017

The Beginning: Experts

In a court of law, the standard of care applicable to a professional is generally established by an expert testimony. A malpractice case cannot be won by the plaintiff without expert testimony that can persuade the judge or jury that the defendant failed to meet the appropriate standard of care. In construction law, the expert has extensive knowledge and expertise in the construction industry.

Their testimony provides the necessary parties with facts on any issues relating to construction law, such as building schedules and delays, codes and compliance, construction costs and construction defects. The construction process is long and complicated and involves several different people and procedures, including contracts, financing, bonds and insurance, management, liens, land use and zoning, licensing, regulatory compliance, and permits. The construction expert will explain industry standards for all of these factors and explain any technical terms.

Because construction law encompasses such a wide range of issues, a legal claim on a construction project could involve contract law, torts, and/or property law. There could be a breach of contract, a wrongful death from a construction site accident, or a government permit issue.

Types of Experts

Construction
The construction expert needs to be up-to-date with all of the new technologies and methodologies in construction, as well as any materials or processes that were used in the particular case. Depending on the case, a specialist may be required that is an expert in a specific aspect of the construction process. This could include electricians, demolitionists, architects, contractors, safety managers, or real estate developers.

Financial
Damages are a common part of negligence and personal injury claims. A financial expert will assess the damages resulting from problems in a defect claim, as well as auditing and calculating the costs of the negligence.

Medical
When injuries occur at construction sites, a medical expert is brought in to assess the cause, the damage, and the resulting injuries. The medical expert can explain whether the resulting injury would commonly be caused by the alleged incident. The expert could also speak on the length of recovery typical for the specific type of injury, which is useful in cases of Worker’s Compensation.

Overall, experts in construction law are an important aspect of the case, whatever kind of expert they may be.

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