In The Peculiar Construction Industry ForensisGroup expert witness Sanford I. Heisler, P.E. writes:
In the construction industry, with perhaps the exception of tract housing, most projects differ from one to the next and are unique unto themselves. As a result of this basic characteristic, and given the complexity and the multitude of special conditions which affect each project, plus the fact that often these cases turn on a specific detailed issue, the attorney who is not a specialist in construction law will rarely see the same issues twice in his or her career...

As a result, ...the use of a carefully chosen, experienced expert who can work well with the attorney and can perhaps even assist in the development of trial exhibits can provide significant assistance to formulate a winning strategy for pursuing the case. Often the expert can assist the attorney in focusing on a significant area which might otherwise be overlooked in the development of the case but which might prove to be of great importance. All in all the synergistic relationship which results can prove a winning combination and should be considered wherever possible.

In The Peculiar Construction Industry ForensisGroup expert witness Sanford I. Heisler, P.E. writes:
The Specialist Attorney

For the attorney specializing in construction law, the problems are of a somewhat different nature. Because of the experience of the attorney it will usually not be a question of dealing with the dynamic, organizational and performance issues listed previously. It will not typically include schedule events and sequencing, delays and similar concerns but will more often be a need to utilize specialists in more limited but technically complex areas such as cathodic protection, machinery alignment, or noise. Because of the number of technical considerations in the design, procurement and construction of any project, the list again is almost endless. What the practitioner needs in this instance is expert help to provide the technical basis for specific elements of the case. Frequently, help from someone with extensive experience in the particular type of construction is essential to understanding the fine nuances of a particular case. These might include the commercial construction, power, pipeline, school construction, communications, hospital construction, bridge, petroleum refinery, highway, and water supply fields to name a few. So that for a case involving, for example, under strength concrete for a hospital project, a specialist familiar with reactive aggregates, concrete mix design, placing, curing, sampling and testing might well be necessary and if that expert has experience in the hospital or heavy construction field it compliments the required specific technical knowledge. For a case involving rotating machinery in a manufacturing plant, a specialist might be needed for vibration measurement, alignment and balancing and if the expert has manufacturing experience the expertise is strengthened. For a case dealing with subcontractor performance, someone specializing in worker productivity might well be of assistance. Thus if an expert can be found with not only the technical knowledge of the subject but in addition significant experience in the particular industry the impact of the information brought to bear is greatly improved.

In Three Rules for Forensic Real Estate Damage Valuation: Deductive, Adductive, or Reductive Rule? (analysis) ForensisGroup experts Wayne C. Lusvardi and Charles Warren first describe valuation:

Alleged damages might be the result of a physical invasion; proximity to a nuisance; overreaching land use regulations; indirect benefit or burden transfers; some fickle and transitory notion of stigma; or irrational phobic reaction to some uncertain environmental substance or condition. From this starting point the forensic valuation consultant gathers evidence to determine if permanent damages have occurred. Like forensic engineering, forensic real estate valuation is similar to failure analysis and root cause analysis with respect to the methodologies and logic employed.

The term "forensic" is used here to connote the investigation of whether property values have been permanently damaged in the context of a trial of fact, pre-trial settlement, arbitration, or as a matter of public policy. Forensic valuation is like conventional real estate appraisal in that appraisers are held to a standard to not fudge the numbers, to avoid unacceptable valuation methods, and to shun undisclosed assumptions to back up a desired result. But the distinguishing characteristic of forensic valuation is its focus on the measurement of permanent property losses, its insistence on the use of consistent, logical, and legally appropriate valuation methods to the situation at hand, and its adherence to the scientific method that requires the reporting of unwanted results and disconfirming market data.

In Three Rules for Forensic Real Estate Damage Valuation: Deductive, Adductive, or Reductive Rule? (analysis) ForensisGroup experts Wayne C. Lusvardi and Charles Warren first define forensic valuation:

Forensic Valuation: What Is It? Forensic real estate valuation is the application of economic principles and methodologies to answer questions of fact as to whether real estate values have suffered a permanent damage. Forensic real estate valuation contrasts with the prevailing valuation theory in the real estate industry that often fails to distinguish permanent loss from the following:

* Situations Where Damages Are Impermanent or Non-recoverable
* The market has already provided "implicit compensation" for a pre-existing "foreseeable" condition (i.e., the "foreseeability damage test").
* The purported loss reflects the real estate market cycle.
* The loss was insured and thus recoverable.
* The loss is a brief, temporary loss of marketability.
* The loss was mitigatable or avoidable.
* The loss is speculative or stems from a self-interested claim of "stigma."
* Any diminution in value reflects a changed highest use of the property rather than full economic loss.

The expert witness referral service ForensisGroup strives to provide the best experts available for their clients and insure that the expert retention process is streamlined. As a result, they have developed a unique four-pronged approach to client services.

Third, at the conclusion of every job, our Director, Mercy Steenwyk, personally contacts each client and actively solicits feedback on the performance of their retained expert and on the retention process, so that we can continue to improve our client services model.

More to come regarding hiring an expert witness.

In The Peculiar Construction Industry!, ForensisGroup expert witness Sanford I. Heisler discusses project differences.

In the construction industry, with perhaps the exception of tract housing, most projects differ from one to the next and are unique unto themselves. As a result of this basic characteristic, and given the complexity and the multitude of special conditions which affect each project, plus the fact that often these cases turn on a specific detailed issue, the attorney who is not a specialist in construction law will rarely see the same issues twice in his or her career. The dynamics of a construction project, the responsibilities of the parties under the contract and the interrelationship of the activities on all but the simplest projects are quite involved and can have far reaching effects on the performance on a project and its outcome. As a result it is of great help to the attorney to use a construction expert to assist in identifying and dealing with the specific issues of the case.

The expert witness referral service ForensisGroup strives to provide the best experts available for their clients and insure that the expert retention process is streamlined. As a result, they have developed a unique four-pronged approach to client services.

Second, a case-manager is assigned to every case and it is their role, through the duration of the job, to regularly initiate contact with the clients and experts to ascertain that tasks are proceeding according to schedule and that there are no unresolved issues.

More to come regarding hiring an expert witness.