A recently published book by the American Bar Association, “The Effective Use of Forensic Experts in Construction Litigation” 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 conceal the truth.

The book seeks to examine the issues surrounding expert witnesses or consultants who help present or defend a claim or case. There are many complexities involved in a construction project. Problems can result from many causes, including design mistakes, poor quality of workmanship, unexpected cost overruns or late completion. When these problems and frustrations are not settled among the parties and they have no choice but to pursue legal remedies, forensic technical experts are asked to provide their expertise.

Filled with beneficial information from a wide variety of authors, “The Effective Use of Forensic Experts in Construction Litigation” is a helpful guide that aims to assist those who aspire to become a forensic expert witness in construction, assist those who already are a forensic expert witness and assist those who engage forensic expert witnesses so that they may become more effective in the way they utilize the services of an expert witness.

The book is edited by Thomas L. Rosenberg, Robert H. Pratt, Kerry L. Kester and Michael A. Branca.

Rosenberg is a partner with the law firm of Roetzel & Andress, LPA, in Columbus, Ohio, where he leads the construction law practice. Roetzel & Andress has been consistently recognized as one of the best law firms nationally and locally for construction and construction litigation by U.S. News & World Report.

Pratt, executive vice president of Demand Construction Services, Inc., in Denver, Colo., is responsible for professional services in the fields of forensic schedule analysis, forensic cost estimating and damages.

Kester practices law at Woods & Aitken in Denver, where he focuses on construction contracting; construction dispute resolution; and counseling of general and specialty contractors, owners, subcontractors, sureties, design professionals and suppliers.

Branca, a partner in the Washington, D.C., office of Peckar & Abramson, PC, focuses his practice on construction and government contract law.

This book was published in conjunction with the ABA Forum on Construction Law.

With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. Learn more at americanbar.org.

Return to Index

For reprint and licensing requests for this article, CLICK HERE.