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

Description

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 foundational methodology or technique—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 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 using experts in construction cases.