News & Analysis as of

Construction Industry Expert Testimony

J.S. Held

Lessons Learned from the Recent Ruling on Contractor Responsibilities in Delay and Inefficiency Claims

J.S. Held on

The recent ruling in Berkley Insurance Company v. Suffolk Construction Company, issued by the United States District Court for the Southern District of Florida, has highlighted several significant lessons for subcontractors,...more

J.S. Held

Explaining Standard of Care in Construction Disputes

J.S. Held on

Setting the Stage for Construction Litigation Support - The scale and complexity of construction projects often lead to a different outcome than expected, creating a dispute between the parties. Many construction disputes...more

Zelle  LLP

Federal District Court Holds Engineer Is Qualified Enough, and His Methods Are Reliable Enough, to Testify to Date Wind and Hail...

Zelle LLP on

In Wings Platinum, LLC v. Westchester Surplus Lines Ins. Co., No. 3:23-CV-2145-D, 2025 WL 391388 (N.D. Tex. Feb. 4, 2025), a federal district court recently held that an engineer with one year and one month of experience...more

Bradley Arant Boult Cummings LLP

Court Allows Expert Testimony Regarding Measured Mile Analysis Comparing Work on Different Projects

Loss of productivity damages are commonly estimated using a “measured mile” analysis, which compares unimpacted construction work to work which has been disrupted to determine the cost impact of the disruption. Such analyses...more

Smith Debnam Narron Drake Saintsing & Myers,...

Court Of Appeals Clarifies That Expert Testimony Required in Nearly All Faulty Construction Cases

In a recent decision touching on many interesting issues, North Carolina’s Court of Appeals effectively determined that, in all but the most obvious cases, expert testimony is required to establish a failure to perform...more

JAMS

Enhancing Efficiency in Construction Disputes: Innovative Techniques for Presenting Evidence to Get to a Faster, More...

JAMS on

The rapid growth of construction arbitration over the last 20 years is a testament to its advantages over traditional litigation: speed, cost and flexibility. But as parties submit larger and more sophisticated disputes, they...more

Bradley Arant Boult Cummings LLP

Recent Court Order Excluding Expert Testimony Offers Useful Reminders and Lessons for Construction Litigants

Construction claims often feature supporting testimony from design and/or scheduling experts, and exclusion of that testimony either by disqualification of the expert or a finding that the testimony is otherwise inadmissible...more

White & Case LLP

ICC Commission on Arbitration and ADR Report on Construction Industry Arbitrations

White & Case LLP on

The ICC Commission has released a new report on construction industry arbitrations, providing recommended tools and techniques for effective management of construction arbitrations. The report is intended primarily for...more

White and Williams LLP

Florida Decides Against Adopting Daubert

White and Williams LLP on

In Delisle v. Crane Co., 2018 Fla. LEXIS 1883, 43 Fla. L. Weekly S 459, the Supreme Court of Florida reaffirmed that the appropriate test for admissibility of an expert opinion about new or novel scientific evidence is the...more

King & Spalding

Tokyo Dispute Resolution and Crisis Management Newsletter - December 2017

King & Spalding on

Suitability of Arbitration Rules for Construction Disputes - Arbitration continues to be the preferred method of dispute resolution for construction disputes. With many large infrastructure projects being financed,...more

Buchalter

One Awesome Case Discussing The Difference Between Delay and Disruption Damages!

Buchalter on

Rarely do you find a case that succinctly addresses a construction law issue.  Today, one of my legal alerts pointed me to one such case dealing with delay damages and disruption damages. This is a must read!...more

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