Daubert Motions in Construction Litigation: Standards for Expert Witnesses in Design and Defect Claims
Raising or Defending Daubert Challenges to Admitting Expert Testimony
Recording of a 90-minute CLE video webinar with Q&A
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 practical approaches to raise or defend a challenge to the admission of expert testimony.
- Dispositive motions in the Daubert hearing: the Daubert challenge
- Frye standards: how they differ from Daubert standards
- Application to construction cases
- Application to scheduling, construction defects, and damages
- Future impact of Daubert/Frye on construction claims
- 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 tested?
- Under what circumstances should counsel consider not filing a Daubert/Frye motion?
- How can counsel leverage prior rulings involving a construction expert witness?
Gary L. Brown
Mr. Brown is a Partner in the firm’s Fort Lauderdale office and is the Head of the firm’s Construction... | Read More
Mr. Brown is a Partner in the firm’s Fort Lauderdale office and is the Head of the firm’s Construction Practice Group. He focuses his practice on complex commercial and general business litigation. He is Board Certified by The Florida Bar in Construction Law.
Overseeing the firm’s construction practice, Mr. Brown assists businesses in both complex and routine matters with substantial experience in construction-related issues. He has tremendous experience handling construction matters in state and federal, trial and appellate courts, throughout Florida. Mr. Brown has conducted numerous trials and arbitrations to a successful conclusion for his clients. He is well versed in handling matters related to contract drafting and negotiation, dispute resolution, Florida’s construction lien law, payment and performance bond claims, construction and design defect claims, delay, inefficiency, and acceleration claims, and insurance/coverage disputes.
Mr. Brown also represents municipalities and local governments in all aspects of public works projects including procurement documents, bid protests, and construction and design agreements.Close
Tiffany A. Harrod
Munsch Hardt Kopf & Harr
Ms. Harrod’s practice focuses on representing homeowners, home builders, subcontractors, owners, suppliers,... | Read More
Ms. Harrod’s practice focuses on representing homeowners, home builders, subcontractors, owners, suppliers, businesses and sureties in commercial litigation matters, with a focus on construction, employment and maritime disputes. She also has extensive experience in personal injury Jones Act trials and construction arbitrations, mediations and settlements.Close