The Expert Witness in Construction Disputes PDF Download
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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: 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: Robert Horne
Publisher: John Wiley & Sons
ISBN: 0470655933
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: Clive Freedman
Publisher:
ISBN: 9780414034266
Category : Arbitration (Administrative law)
Languages : en
Pages : 440
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Book Description
'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.
Author: Diana Holtham
Publisher: Chartridge Books Oxford
ISBN: 1902375319
Category : Technology & Engineering
Languages : en
Pages : 189
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Book Description
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
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: Great Britain: Law Commission
Publisher: The Stationery Office
ISBN: 9780102971170
Category : Business & Economics
Languages : en
Pages : 224
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Book Description
This project addressed the admissibility of expert evidence in criminal proceedings in England and Wales. Currently, too much expert opinion evidence is admitted without adequate scrutiny because no clear test is being applied to determine whether the evidence is sufficiently reliable to be admitted. Juries may therefore be reaching conclusions on the basis of unreliable evidence, as confirmed by a number of miscarriages of justice in recent years. Following consultation on a discussion paper (LCCP 190, 2009, ISDBN 9780118404655) the Commission recommends that there should be a new reliability-based admissibility test for expert evidence in criminal proceedings. The test would not need to be applied routinely or unnecessarily, but it would be applied in appropriate cases and it would result in the exclusion of unreliable expert opinion evidence. Under the test, expert opinion evidence would not be admitted unless it was adjudged to be sufficiently reliable to go before a jury. The draft Criminal Evidence (Experts) Bill published with the report (as Appendix A) sets out the admissibility test and also provides the guidance judges would need when applying the test, setting out the key reasons why an expert's opinion evidence might be unreliable. The Bill also codifies (with slight modifications) the uncontroversial aspects of the present law, so that all the admissibility requirements for expert evidence would be set out in a single Act of Parliament and carry equal authority.
Author: Paul Stern
Publisher: SAGE
ISBN: 9780761900139
Category : Family & Relationships
Languages : en
Pages : 208
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Book Description
The testimony of expert witnesses to inform courtroom decisions is critical if intelligent and just verdicts are to be reached. Few judges, jurors or lay witnesses possess the necessary knowledge to adequately understand the complexities of human behaviour as they relate to acts of interpersonal violence. While lay witnesses can testify to actual incidents or observations, it is the expert witness who can provide forensic significance to such evidence. This volume clearly defines the need for and role of expert witnesses in litigation. The author demystifies the process, and provides practical guidance on preparing and presenting expert testimony. In so doing, he will assist courts to more accurately assess and weigh eviden
Author: Thomas J. Kelleher, Jr.
Publisher: John Wiley & Sons
ISBN: 0471662097
Category : Law
Languages : en
Pages : 627
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Book Description
The bestselling guide to the laws that govern construction Knowledge of construction law and employment law is essential to running a successful construction business. Now, industry professionals don't have to rely on lawyers to translate the sometimes-confusing theories, principles, and established rules that regulate the business. In plain English, Smith, Currie & Hancock's Common Sense Construction Law, Third Edition provides a practical introduction to the significant legal topics and questions affecting construction industry professionals. General contractors, subcontractors, owners, and surety bond agents will turn to this updated edition of the bestselling guide again and again for: Information on intrastate licensure and practice Advice on "Best Value" source selection and alternative project delivery systems Recent trends in claim resolution, including recovery of compensation for delays, extra work, and differing site conditions Expanded coverage on industry safety and environmental issues, including the latest information on project safety, indemnity, mold risks, and insurance coverage issues Helpful "Points to Remember" summarizing important concepts and useful "Checklists" make concepts easy to implement in real-world practice Advice on successfully managing employment issues in the construction industry Complete with a CD-ROM containing over 180 sample contracts and documents from AIA, AGC, and EJCDC, Smith, Currie & Hancock's Common Sense Construction Law, Third Edition is an invaluable reference for industry professionals whose jobs rely on their ability to avoid unwelcome legal surprises that can cripple a project or kill a business.
Author: Terence MacCarthy
Publisher: American Bar Association
ISBN: 9781590318867
Category : Law
Languages : en
Pages : 244
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Book Description
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.
Author: John M. Mastin
Publisher: John Wiley & Sons
ISBN: 1119540186
Category : Technology & Engineering
Languages : en
Pages : 1033
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Book Description
The #1 construction law guide for construction professionals Updated and expanded to reflect the most recent changes in construction law, this practical guide teaches readersthe difficult theories, principles, and established rules that regulate the construction business. It addresses the practical steps required to avoid and mitigate risks—whether the project is performed domestically or internationally, or whether it uses a traditional design-bid-build delivery system or one of the many alternative project delivery systems. Smith, Currie & Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional provides a comprehensive introduction to the important legal topics and questions affecting the construction industry today. This latest edition features: all-new coverage of Electronically Stored Information (ESI) and Integrated Project Delivery (IPD); extended information on the civil False Claims Act; and fully updated references to current AIA, ConsensusDocs, DBIA, and EJDC contract documents. Chapters coverthe legal context of construction; interpreting a contract; public-private partnerships (P3); design-build and EPC; and international construction contracts. Other topics include: management techniques to limit risks and avoid disputes; proving costs and damages, including for changes and claims for delay and disruption; construction insurance, including general liability, builders risk, professional liability, OCIP, CCIP, and OPPI; bankruptcy; federal government construction contracting; and more. Fully updated with comprehensive coverage of the significant legal topics and questions that affect the construction industry Discusses new project delivery methods including Public-Private Partnerships (P3) and Integrated Project Delivery (IPD) Presents new coverage of digital tools and processes including Electronically Stored Information (ESI) Provides extended and updated coverage of the civil False Claims Act as it relates to government construction contracting Filled with checklists, sample forms, and summary “Points to Remember” for each chapter, Smith, Currie & Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional, Sixth Edition is the perfect resource for construction firm managers, contractors, subcontractors, architects and engineers. It will also greatly benefit students in construction management, civil engineering, and architecture.
