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.

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.

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.

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

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.

'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.

This book explains every aspect of what an engineering expert witness is and does, who can qualify, how to find clients, how to charge for services, and much more. Extensive information is provided on conducting investigations, court procedure, and preparing and delivering convincing testimony.

The Expert in Litigation and Arbitration provides the complete picture of the role and duties of the expert witness in the UK, Germany, France, Italy, USA, Australia, Hong Kong and China. With articles and chapters from leading practitioners around the world, the book looks at the role of the expert in many different disciplines and jurisdictions, examining topical issues such as the independent status of the expert and professional liability. This book looks at the role of experts in both arbitration and litigation, considering how experts are currently used in civil actions and what lessons can be learnt from this. With much practical advice for the inexperienced expert witness, it covers many of the pitfalls faced by experts, looking at the various situations that can arise either in court or before an arbitrator.

Learn how to look good on cross, even when the witness is not cooperating. Learn how to manage and effectively minimize the witness's involvement, without appearing controlling, extracting, and insulting. Filled with illustrative cross examinations from actual cases, this book is your key to employing these proven techniques in your own practice. Using the three themes that run through out the book--looking good, telling a story, and using short statements--you can take control of your cross examinations and achieve the results you desire.