Download or read book The Expert Witness in Construction Disputes written by Michael P. Reynolds and published by John Wiley & Sons. This book was released on 2008-04-15 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Expert Witness in Construction written by Robert Horne and published by John Wiley & Sons. This book was released on 2013-08-26 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Discovery in Construction Litigation written by Michael T. Callahan and published by . This book was released on 2003 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Construction Disputes written by Andrea Burns and published by MICHIE. This book was released on 1989 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Effective Use of Forensic Experts in Construction Litigation written by Robert H. Pratt (Forensic engineer) and published by . This book was released on 2019 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Future Trend in the Use of Expert Witness in International Construction Disputes written by and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Expert in Litigation and Arbitration written by Mark Cato and published by Taylor & Francis. This book was released on 2020-11-25 with total page 1116 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Expert Determination written by Clive Freedman and published by . This book was released on 2014-11-30 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.
Download or read book Conflict in Construction written by Jeffery Whitfield and published by John Wiley & Sons. This book was released on 2012-07-12 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Construction projects are beset with disputes. In 1960 around 250 writs were issued relating to construction disputes. Within 30 years this number increased five-fold, and in the 20 years since then the number of disputes has not fallen. Some disputes are significant, others are quite minor, but most could probably be avoided. Disputes originate in disagreements or conflict between individuals, which if addressed early, can prevent escalation into situations that are difficult, expensive and time consuming to resolve. Conflicts in Construction deals with all types of conflict but concentrates on the conflicts that lead to disputes in construction projects. The book shows the reader how to avoid, manage and resolve conflicts before they become serious disputes. The first edition of Conflicts in Construction was read widely and saved many individuals and companies from falling into intractable disputes. The second edition, fully updated, forms the base content for the Hill/ Knowles seminar series on conflicts, delivered around the globe by the author, and will be an important read for everyone employed in the construction industry.
Download or read book Fundamentals of Construction Claims written by William J. McConnell and published by John Wiley & Sons. This book was released on 2022-08-02 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Use of Expert Witnesses in Construction Litigation written by Margaret Easton Arms and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Construction Disputes written by Thomas J. Kelleher and published by Wolters Kluwer. This book was released on 2002-01-01 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: All areas of construction litigation are covered in this two-volume set, starting with case analysis, pretrial activities, and special forum issues. The authors continue with an in-depth discussion of the difficult presentation issues for delay and acceleration claims, lost productivity claims, and establishing damages. The final section of the text covers trial and other issues, including direct and cross-examination, appeals, and settlement and releases. Practical examples of, and checklists for, the drafting of many of the key documents used in construction litigation are also included.
Download or read book Resolving Construction Disputes written by Diana Holtham and published by Chartridge Books Oxford. This book was released on 1999 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Challenging Task for Expert Witness in the Construction Dispute Process written by and published by . This book was released on 2008 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Proving and Pricing Construction Claims written by Robert F. Cushman and published by Wolters Kluwer. This book was released on 2000-12-01 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most useful, definitive resource available on every aspect of construction claims, including: how to present the claims how to calculate and prove the amount of damages sustained and how to prove liability It even covers the clauses that should be in every construction contract. You'll get comprehensive coverage of all the important issues -- delay claims, differing site conditions claims, claims for lost profit, international claims, and much more. Includes a variety of winning strategies, practice tips, and helpful checklists to minimize damages and maximize collectability.
Download or read book Construction Litigation written by Barry B. Bramble and published by John Wiley & Sons. This book was released on 1989 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text covers from pretrial activities to evidentiary concerns, forum, trial and appeal issues, and many other topics. It includes tips and tools for construction professionals who must present their positions to opposing parties in negotiations. Illustrative graphics for presenting claims and providing damages are included.
Download or read book Using Experts in Civil Cases written by Melvin D. Kraft and published by . This book was released on 1982 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt:
