Daubert/Frye Motions in Construction Litigation: Navigating Standards for Expert Witnesses in Design and Defect Claims

Effective Approaches to Raise or Defend a Challenge to the Admission of Expert Testimony

Recording of a 90-minute CLE webinar with Q&A

Conducted on Thursday, December 7, 2017

Recorded event now available

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Program Materials

This CLE webinar will provide counsel with an analysis of how courts apply the Daubert/Frye standards (and comparable state standards) to the presentation of expert testimony in construction disputes. The panel will outline effective approaches to raise or defend a challenge to the admission of expert testimony.


In most construction suits, both sides rely on experts to provide opinions and testimony in support of or against claims of liability and damages. Such expert testimony often involves determining fault for design and construction defects schedule delays and worker inefficiency.

Expert opinion and testimony impact all parties in a construction dispute, including property owners, developers, financial institutions, design professionals, contractors, subcontractors, suppliers and vendors.

The Daubert/Frye ruling and the body of law on challenging expert opinions and testimony continue to evolve for construction disputes in both state and federal Courts. Courts require that expert testimony—as well as the methodology or technique on which it is based—be tested to ensure that it is relevant and reliable.

Listen as our panel of construction litigators discusses the applicability of the Daubert/Frye standards standard to the presentation of expert testimony in construction disputes and analyzes what is required to successfully raise or defend a challenge to the admission of expert testimony and guidance for properly using experts in construction cases.



  1. Dispositive motions in the Daubert hearing: the Daubert challenge
  2. Frye standards: how they differ from Daubert standards
  3. Application to construction cases
  4. Application to scheduling, construction defects and damages
  5. Future impact of Daubert/Frye on construction claims
  6. Lessons from court rulings


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/Frye motion?
  • How can prior rulings involving a construction expert witness be used?


Weisberg, Justin
Justin L. Weisberg

K&L Gates

Mr. Weisberg focuses his practice on construction law and commercial litigation. He represents private, public, local,...  |  Read More

Brotman, Kenn
Kenn Brotman

K&L Gates

Mr. Brotman focuses his practice on product liability, premises liability, general tort liability, and complex...  |  Read More

Krauze, Raymond
Raymond M. Krauze

K&L Gates

Mr. Krauze focuses his practice in two main areas: construction law and complex commercial litigation and disputes. In...  |  Read More

Egan, Joe
Joe Egan

Vice President
The Kenrich Group

Mr. Egan has over 30 years of consulting experience in economic damages and accounting issues in several litigation...  |  Read More

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