Construction: September 2008 Archives

Hiring the right construction engineering expert witness will provide proof and testimony in court to support your case.  In Tips For Selecting The Right Expert Witness Service (Skynewswire.com), Rosie Fletcher writes:

"Living in a litigious society has made many of us think of court settlement as our first rather than the last resort. Whenever a problem arises and ends up in a dispute, most of us prefer to have our dispute legally settled.

Thus, there's always a chance that youll need the services of an expert witness at some point in your life. Hiring an expert witness can solidify your case against the other party; if you hire the right expert witness service, the company will able to provide more than adequate proof and reliable testimony in court to support your claim.

Even if you don't need to hire the right expert witness service now, you could need one later so its better to be prepared in advance. The expect witness service you'll avail of must meet the following criteria:

1. Adequate Courtship Experience
You can't hire a novice to act as your expert witness. Court room battles are vicious and if the expert witness doesnt have any experience in providing testimonies, his claims will be shredded to bits even if he's telling the truth. An experienced expert witness knows on the other hand how to handle himself in court and modify his behavior and speech depending on the type of lawyer or judge whos questioning him. An experienced expert witness knows when to act calm or passionate and above all, how to be utterly convincing.

2. Proficiency in Report Making

Expert witnesses are almost always required to submit detailed reports about their findings. If an expert witness doesn't have excellent writing skills and adequate experience in creating reports, he will once more be subject to more abuse from the other party's legal counsel. Facts can easily be overturned if they are not stated convincingly. Ask for samples of your expert witness reports to visualize how he can help win your case."

In No Construction Claims — Guaranteed!! ForensisGroup® experts Sol Kutner & Troy Vernon Sutton write:

...in the real world we are aware that designers do not have the time or budget to produce drawings that are complete, correct, and coordinated. Changes of scope are inevitable in any project due to unforeseen conditions, human error, budget considerations, or owner choice.

Many times the owner issues the plans for bid, or construction, when they are not complete, correct or coordinated. This is usually based on the owner's need to start the project within a certain time constraint, either for fiscal or political reasons. The owner has a right to issue drawings which are incomplete or to request scope changes during the project. However, the owner also has the obligation to pay for such changes.

In No Construction Claims — Guaranteed!! ForensisGroup experts Sol Kutner & Troy Vernon Sutton write:

We have all learned that the three most important aspects of real estate are Location, Location, Location! In construction, the three most important aspects to successful resolution of issues are Documentation, Documentation, Documentation!

We were recently asked about methods for minimizing construction claims. The project managers were all ears when told that we have discovered a method that would guarantee no claims on their next project. Our “No Claims” method simply requires:

1. Supplying contract documents that are perfectly complete, correct and coordinated at bid time.
2. Making NO changes to the project after the contract documents are issued.
3. The Contractor and all the Subcontractor’s work diligently and make no mistakes.

In Guaranteed Maximum Contracts construction expert witness Paul Gogulski explains the the G-Max contract:

How do they work? In the following example, the best bid price received from a qualified general contractor for a major renovation is $2.5 million. The owner's budget is $2.2 million, but modifications and changes are anticipated for an additional $500,000 estimated construction costs. Time is of the essence. The project must start immediately. The owner wishes to cut $300,000 from the base contract without changing the scope of work and at the same time control cost of the additions without giving away the $500,000. The contractor already dropped his price on the first round of negotiations and won't budge off his $2.5 million. This project is an ideal candidate for G-Max conversion.

In Guaranteed Maximum Contracts construction expert witness Paul Gogulski explains the the G-Max contract:

Guaranteed Maximum Contracts or G-Max are becoming more popular as a corporate vehicle to control cost and integrate the diverse interests of a complex project. Not to be confused with cost plus, the G-Max contract is bid exactly the same as lump sum. The contractor assumes the same risk, with a big stipulation: he's willing to share in the savings on the basis of the owner's guarantee of fee and prompt payment of net cost. There's no difference in cost or risk between Lump Sum and Guaranteed Max, but a big difference in results, particularly on the owner's side of the fence. Don't let anyone tell you that G-Max cost more. They don't! In fact, Lump Sum contracts are sometimes converted to G-Max for the same price or less.