Construction Design and Defect Litigation: Using Daubert/Frye to Challenge Admissibility of Expert Witness Testimony
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide counsel with an analysis of how courts apply the Daubert standard to the presentation of expert testimony in construction disputes. The panel will outline effective approaches for using Daubert to challenge the admission of expert testimony.
- Dispositive motions in the Daubert hearing: the Daubert challenge
- Daubert’s application to construction cases
- Is the construction expert qualified?
- Is the construction-related testimony reliable and relevant?
- Case law regarding Daubert’s application to specific construction claims and damages
- Strategies for rebutting proffered arguments in support of expert witness testimony
The panel will review these and other key issues:
- How can counsel effectively challenge a construction expert witness’ theories and whether those theories have been adequately tested?
- Under what circumstances should counsel consider not filing a Daubert motion?
- How can prior rulings involving a construction expert witness be used?
Michael P. O'Day
Mr. O’Day is a trial lawyer who handles a broad range of complex commercial disputes in federal and state courts... | Read More
Mr. O’Day is a trial lawyer who handles a broad range of complex commercial disputes in federal and state courts and arbitration throughout the country. He has significant experience in matters involving construction and real estate disputes, consumer class action claims, business torts, and hotel operations. Mr. O’Day also counsels clients on contract negotiation, risk/crises management, insurance claims and dispute avoidance. He is a frequent author and lecturer on construction law topics.Close
Nathan D. Sinning
Alston & Bird
Mr. Sinning primarily focuses on construction and complex commercial litigation. He represents public entities, owners,... | Read More
Mr. Sinning primarily focuses on construction and complex commercial litigation. He represents public entities, owners, contractors, design professionals, manufacturers and subcontractors in all aspects of construction projects and construction disputes. Mr. Sinning has specific expertise in contract drafting and negotiations and in claims for delay, acceleration, interference, and defective construction, among others. He also represents entities in complex commercial litigation matters, including claims for business torts, breach of contract and fraud. He routinely lectures and writes articles on construction law.Close