RETAIN THE RIGHT EXPERT

By:	Stephen A. Estrin WSO-CSM/CSSD(SL), CSC, DABFE, DABFET
	Karen Stadtler-Estrin, WSO-CSM, CSC, DABFET

       A construction expert needs to have a wide range of experience and communication skills to be effective. At a minimum, the expert should have university level safety management education and be certified by a nationally recognized safety organization.

       The expert must have hands-on experience, not just academic and litigation support experience. Hands-on experience permits the expert to put the facts into an actual, real construction context, not simply to address them in the abstract.

       The expert should have experience in the construction of a project similar to the one in which the construction took place, thereby permitting an understanding of the construction means and methods and safety issues peculiar to the project and the accident. This ensures an understanding of the roles and responsibilities of the various entities associated with the project.

       Also, the expert must be familiar with the different types of construction contracts at issue and the responsibilities such contracts create.

       A truly effective expert has a working knowledge of the legal process and case law so that he or she can understand the different roles and standards of proof that apply to the entities involved in a construction accident. Further, the expert must have experience in participating in the mode of dispute resolution, whether it be mediation, arbitration or trial.

       Most importantly, the relationship between an expert and attorney should be collaborative, trusting and supportive, and the personalities of both must be compatible.

       It is also critical for the expert to have the respect and trust of the attorney. The attorney must accept the expert’s opinion(s) and respect any limitations on his or her opinion(s).

       Finally, the expert must be familiar with how the attorney operates, his/her level of sophistication, knowledge of construction litigation, staffing and method of decision-making.

       Utilizing this advice for the strategic selection and use of a construction expert will substantially increase the effectiveness of the litigation team, which will always increase the chances for a successful outcome of the litigation.

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