| The first two questions that I am often asked by | | | | inspection and meeting the homeowner, he informed |
| attorneys during deposition or trial testimony are "On | | | | me that he had previously spoken to me about his |
| what percentage of construction cases do you work | | | | problem and had decided not to retain my services |
| for the Plaintiff?" and "On what percentage of | | | | because of the expense involved. I told him that he |
| construction cases do you work for the Defense?" | | | | was fortunate, as he would now have the benefit of |
| It has been said that any expert that will work on | | | | my expert evaluation of the casework and problems |
| either side of a case must have his own financial | | | | that had arisen, even though he was not the party |
| interest as his primary concern; the expert being | | | | that paid to retain my services. We were able to |
| considered an unreliable "Gun for Hire." The motivation | | | | resolve the dispute during that inspection, satisfying |
| of that type of expert witness is solely money, and | | | | both parties in a civil and mutually agreeable way. |
| depending upon which side contacted him first, he will | | | | In this type of situation, it is possible that a good |
| tailor his opinion to agree with that perspective view. | | | | construction expert witness could be valuable to both |
| A truly professional and skilled construction expert will | | | | sides of the claim. Both the plaintiff and defendant |
| have developed an opinion about the case on which | | | | could seriously consider the services of the same |
| they are working providing valuable insight and | | | | expert, and achieve a resolution to their dispute. This |
| evaluations of the case that may be beneficial to | | | | does not compromise the integrity or skills of the |
| both sides. While it is possible that an unprofessional | | | | expert, and seems that an unbiased opinion leads |
| expert witness will tailor an opinion to match the | | | | each side to discover the facts, break the dispute |
| needs of the paying party, the testimony given will | | | | into practical components, and address the issue. |
| appear contrived and bent to accommodate the | | | | Perhaps this is another tool that can be made easily |
| needs of the case. I have read and evaluated many | | | | available for your clients: Find out if the expert |
| reports, been involved in depositions and hearings, | | | | witness works on both sides of a case, and is able to |
| and heard testimony of opposing expert witnesses | | | | find the strengths and weaknesses of each claim. |
| that has been flawed, inaccurate, and easily | | | | See if the expert can work effectively proposing a |
| discredited. | | | | reasonable path of responsibility that leads to a fair |
| A few years ago, I was hired by a cabinetry | | | | and equitable solution for both sides. |
| manufacturer and installer to inspect and assess one | | | | In summary, a good forensic expert should be |
| of the company's residential jobs that had gone bad. | | | | evaluated based upon his credentials, professional |
| The owner of the house had become hostile toward | | | | experience, and his ability to communicate his point |
| the cabinet manufacturer, whom he barred from the | | | | effectively to both sides regardless of his previous |
| site, and they were unable to resolve their | | | | case associations. |
| differences. Upon arriving at the house for the | | | | |