The Expert Witness In Construction Disputes
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The Expert Witness In Construction Disputes
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Author : Michael P. Reynolds
language : en
Publisher: John Wiley & Sons
Release Date : 2008-04-15
The Expert Witness In Construction Disputes written by Michael P. Reynolds and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-04-15 with Technology & Engineering categories.
The role of the expert witness has long been important in construction litigation and arbitration and most other types of dispute resolution. Today there is a heavier burden on experts because of the diversity of the appropriate dispute process and the added responsibility this brings. The Woolf reforms and the introduction of the Civil Procedure Rules are having a major impact on the role of the expert witnesses. No longer is the expert accountable just to the client but directly owes a duty to the court. In the smaller value claim a new opportunity of acting as single joint expert arises where the parties can save time and money. There is greater flexibility in arbitration under the Arbitration Act 1996 and a need for expert evidence in the statutory process of adjudication. This book takes account of all these changes, taking the expert stage by stage through his or her duties, from the investigation, preparation and exchange of expert reports, disclosure of documents, the importance of different types of evidence, to preparation for the hearing itself and the giving of oral evidence. The appendices feature appropriate references to the Civil Procedure Rules, guidelines for experts, protocols and other materials of practical interest. Throughout, reference is made to relevant case law.
The Expert Witness In Construction
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Author : Robert Horne
language : en
Publisher: John Wiley & Sons
Release Date : 2013-08-26
The Expert Witness In Construction written by Robert Horne and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-26 with Law categories.
The role of the expert witness has long been important in the resolution of construction disputes. The specialist opinion brought by the expert can aid understanding and interpretation of the facts of the dispute, and may be influential in deciding the outcome. The variety of dispute resolution procedures and the requirement for the expert witness to be independent places a heavy burden on the parties to identify and instruct an appropriate expert, and on the expert to ensure they discharge their duty in the correct manner. The Expert Witness in Construction explains, in practical terms, the way in which experts work with particular reference to the construction industry. Within this book the Expert's role is explained in legal and practical terms as a progression from understanding the basic principles by which Experts can be identified, through appointment, to giving evidence before a tribunal. At every stage commentary is given to: help and guide professionals new to the arena of expert evidence; act as a resource for those already acting as Experts; assist party representatives looking for best practice guidance on the instruction of Experts; and provide parties to disputes information on what they should expect from the Expert they appoint to explain the issues in the case. Covering all the implications of identifying, appointing, instructing and relying on experts, it will help the reader to understand why experts are instructed in the way they are, how to identify the expert that is right for a particular case and how evidence should be presented. Written by a practicing lawyer and a consultant with extensive experience of acting as an expert witness, the requirements of both the lawyer and expert are discussed. As such, it will help both parties to understand each other resulting in a closer, more productive working relationship.
Construction Disputes
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Author : Andrea Burns
language : en
Publisher: MICHIE
Release Date : 1989
Construction Disputes written by Andrea Burns and has been published by MICHIE this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Construction contracts categories.
The role and liability of the expert in construction disputes of all kinds is explained fully in this book. It describes the background to disputes, the law governing them, and the potential liability of the contractor and his professional advisers, from surveyors to lawyers.
Resolving Construction Disputes
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Author : Diana Holtham
language : en
Publisher: Chartridge Books Oxford
Release Date : 1999
Resolving Construction Disputes written by Diana Holtham and has been published by Chartridge Books Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Technology & Engineering categories.
Summary: This book examines how disputes arise in the construction industry and suggests ways of avoiding them by identifying problem areas. It introduces the principal means of dispute resolution, litigation, arbitration, ADR and adjudication - it explains how each operates and considers the advantages and disadvantages of each method. The book is written in a straightforward approach and is clear, concise and practical. It has been prepared by a team of lawyers who work for one of the leading law firms engaged in this area. The book is aimed at all of the professions engaged in the construction industry. Contents: Introduction Dispute avoidance Litigation Arbitration Alternative dispute resolution Adjudication
Fundamentals Of Construction Claims
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Author : William J. McConnell
language : en
Publisher: John Wiley & Sons
Release Date : 2022-08-02
Fundamentals Of Construction Claims written by William J. McConnell and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-02 with Technology & Engineering categories.
Demystify complicated construction claims with this indispensable guide Given how common complex claims have become in the modern built environment, Fundamentals of Construction Claims: A 9-Step Guide for General Contractors, Subcontractors, Architects and Engineers is an absolutely critical addition to the library of any construction professional. Written by William J. McConnell, PE, JD, MSCE, CDT, a celebrated lawyer, author, engineer, and expert witness, Fundamentals of Construction Claims sets out clear and concrete strategies for developing a construction claim from beginning to end. The author's straightforward 9-Step method helps readers avoid costly dispute resolution fees by: Explaining entitlement requirements for various types of claims, including differing site conditions, added scope, and weather delays Offering procedures for calculating delay impacts through forensic scheduling analysis Defining, in detail, four simple ways to prove damages Throughout, relevant case studies are used to illuminate the principles found within and bring life to the concepts the author introduces.
Discovery In Construction Litigation
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Author : Michael T. Callahan
language : en
Publisher:
Release Date : 2003
Discovery In Construction Litigation written by Michael T. Callahan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Actions and defenses categories.
Conflict In Construction
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Author : Jeffery Whitfield
language : en
Publisher: John Wiley & Sons
Release Date : 2012-07-12
Conflict In Construction written by Jeffery Whitfield and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-12 with Technology & Engineering categories.
Construction projects are beset with disputes. In 1960 around 250 writs were issued relating to construction disputes. Within 30 years this number increased five-fold, and in the 20 years since then the number of disputes has not fallen. Some disputes are significant, others are quite minor, but most could probably be avoided. Disputes originate in disagreements or conflict between individuals, which if addressed early, can prevent escalation into situations that are difficult, expensive and time consuming to resolve. Conflicts in Construction deals with all types of conflict but concentrates on the conflicts that lead to disputes in construction projects. The book shows the reader how to avoid, manage and resolve conflicts before they become serious disputes. The first edition of Conflicts in Construction was read widely and saved many individuals and companies from falling into intractable disputes. The second edition, fully updated, forms the base content for the Hill/ Knowles seminar series on conflicts, delivered around the globe by the author, and will be an important read for everyone employed in the construction industry.
The Effective Use Of Forensic Experts In Construction Litigation
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Author : Robert H. Pratt (Forensic engineer)
language : en
Publisher:
Release Date : 2019
The Effective Use Of Forensic Experts In Construction Litigation written by Robert H. Pratt (Forensic engineer) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Building laws categories.
This book will help a litigation or arbitration team become more persuasive in telling the story about each construction issue or problem in a way that makes the complex case easier to understand, makes the truth more self-evident, and exposes the fallacies of any attempt to obfuscate the truth.
The Effective Use Of Forensic Experts In Construction Litigation
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Author : Kerry Kester
language : en
Publisher:
Release Date : 2019
The Effective Use Of Forensic Experts In Construction Litigation written by Kerry Kester and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Building laws categories.
Construction Claims Investigation Worklist
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Author : J. Norman Stark
language : en
Publisher: Nuvida Publishing
Release Date : 2015-05-12
Construction Claims Investigation Worklist written by J. Norman Stark and has been published by Nuvida Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-12 with Law categories.
Mr. Stark evaluates the factual and legal issues that arise in Construction Claims, Accidents, Injuries, Wrongful Deaths, Delay, Damages, Fire and Casualty Losses, Collections, Construction Contract Law, Construction Contract Dispute Resolution, and in providing Litigation Support and Expert Witness services for the construction and building industry, Federal, State, County and Regional Government Authorities, developers, private owners, contractors, subcontractors and building product manufacturers. He serves directly and with Client’s Retained Counsel.