The Effective Use of Forensic Experts in Construction Litigation PDF Download
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Author: Kerry Kester
Publisher:
ISBN: 9781641053983
Category : Building laws
Languages : en
Pages :
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Book Description
Author: Robert H. Pratt (Forensic engineer)
Publisher:
ISBN: 9781641053976
Category : Building laws
Languages : en
Pages : 256
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Book Description
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.
Author: Kerry Kester
Publisher:
ISBN: 9781641053983
Category : Building laws
Languages : en
Pages :
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Book Description
Author: Fred Chris Smith
Publisher: Addison-Wesley Professional
ISBN: 9780201752793
Category : Computers
Languages : en
Pages : 560
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Book Description
A technical expert and a lawyer provide practical approaches for IT professionals who need to get up to speed on the role of an expert witness and how testimony works. Includes actual transcripts and case studies.
Author: Robert Horne
Publisher: John Wiley & Sons
ISBN: 1118654358
Category : Law
Languages : en
Pages : 370
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Book Description
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.
Author: Michael P. Reynolds
Publisher: John Wiley & Sons
ISBN: 0470680202
Category : Technology & Engineering
Languages : en
Pages : 240
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Book Description
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.
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309142393
Category : Law
Languages : en
Pages : 348
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Book Description
Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.
Author: Gary L. Lewis
Publisher: ASCE Publications
ISBN: 9780784475409
Category : Technology & Engineering
Languages : en
Pages : 156
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Book Description
Sponsored by the Forensic Engineering Practice Committee of the Technical Council on Forensic Engineering of ASCE. This report provides the fundamentals of developing a practice that includes forensic engineering. Within the broad field of civil engineering, forensic engineering involves the investigation of performance, difficulties, or failures of buildings, structures, pipelines, foundations, airplanes, manufacturing equipment, vehicles, bridges, flood control facilities, and other engineered products. This report covers five general topics important to the practice of forensic engineering. "Qualifications" addresses commonly accepted education and experience requirements for forensic engineers. Various aspects of federal and state law are cited with an expanded section on admissibility. and disqualifications are discussed. "Investigations" shows the typical aspects of physically carrying out a forensic investigation, such as the handling of evidence for subsequent courtroom presentation. "Ethics" fulfills a professional charge to promulgate guidelines for ethical behavior of the forensic engineer. "Legal" gives a brief overview of the court system as it applies to the construction industry, including the role of the forensic engineer as an expert witness. "Business" describes the nontechnical management side of forensic engineering practices; the marketing of forensic engineering services within an acceptable ethical scheme is encouraged.
Author: Michael T. Callahan
Publisher: Michie
ISBN:
Category : Actions and defenses
Languages : en
Pages : 624
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Book Description
Author: Steven Babitsky
Publisher: SEAK, Incorporated
ISBN: 9781892904294
Category : Law
Languages : en
Pages : 626
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Book Description
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
Author: Philip Michael Stahl
Publisher:
ISBN: 9781614389910
Category : Custody of children
Languages : en
Pages : 0
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Book Description
This is the first comprehensive examination of the increasingly important role of forensic psychologists in consulting and expert witness testimony in child custody litigation. Offering practical advice on understanding the psychological dynamics often found in these cases, the authors use real-world examples where critical issues such as the developmental need of children, relocation, domestic violence, and the alienated child are involved. They detail a logical process for critiquing the evaluation reports of others and analyzing the strengths and weaknesses of a case.
