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How can an expert witness help your construction defect claim?

On Behalf of | Oct 27, 2023 | Construction Law

If you have recently had building work done, and something has not turned out as it should, then your first step would be to contact the contractor responsible. If you are lucky, they will repair it without further ado, but often that is not what occurs. Instead, the contractor may deny that it is their fault and refuses to remedy the situation. In this case, you may need to consider filing a construction defect claim.

If you go to court or arbitration, you may need an expert witness, or more than one, to explain the finer points of your argument concerning what errors occurred and how much they will cost to repair.

The benefits of engaging an expert witness

An expert witness will not argue your case in the same way your attorney would do. Rather, they will give their qualified opinion on what the problem was. For example, the materials selected were unsuitable for the load expected of them, the materials were faulty or the workmanship was faulty. They can also explain the remedies available and the associated costs.

The other party will probably also bring one or more expert witnesses to support their argument. For example, they may claim that the problem was due to work the next-door neighbor had done or movements of the soil rather than something they did.

Getting the qualified opinion of an expert witness early on can help you determine whether you have a case against your constructor or whether you should be bringing the case against someone else, such as your neighbor or their constructor. Getting legal help to understand your options and needs for expert witnesses is essential early on, as a result.