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

Effective Approaches for Raising or Defending Daubert Challenges to Admitting Expert Testimony

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

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Conducted on Thursday, December 6, 2018

Recorded event now available

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Course Materials

This CLE course 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 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.



  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 counsel leverage prior rulings involving a construction expert witness?


Harrod, Tiffany
Tiffany A. Harrod

Munsch Hardt Kopf & Harr

Ms. Harrod’s practice focuses on representing homeowners, home builders, subcontractors, owners, suppliers,...  |  Read More

Rees, R. Douglas
R. Douglas (Doug) Rees

Cooper & Scully

Mr. Rees has an extensive trial practice with an emphasis in construction law and insurance litigation matters. He...  |  Read More

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