Michael Showalter, President
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Construction Defect Analysis

Fact Finding

Expert Witness

Litigation Support

Site Review

Document Review

Real Estate Transaction Analysis

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Mediation

Arbitration

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Preparation and case support

xperts are fact finders and may be asked to provide opinions and solutions in a deposition, trial or other hearing. Therefore it is critical for experts to limit their review to issues in which they have training and experience. In addition, construction experts must have additional resources available for a complete analysis. These additional resources include reference materials, product literature, and a working knowledge of the codes, industry standards and professional services (scientists, engineers, accountants, etc) that complement the expert's training and experience. Experts can and should rely on any or all of these resources to establish their findings and conclusions.

n expert's notes and photographs are the key to effective presentation and testimony. When writing reports or testifying, the expert can reference notes, documents, diagrams, photos and invoices. When the opposition asks the expert a specific question, the expert can answer confidently based on the documentation of facts and events. It is not easy to question the memory of an investigator with good notes.

Testimony

ften the expert will be asked to testify in deposition, trial or arbitration. The most important job of an expert is to adhere to the principle of honesty. Experts are to testify truthfully to what they have perceived and about which they have formed an opinion. In addition, an expert must have a degree of composure that strengthens his/her ability to remain calm, stay alert and avert the tendency to be provoked by opposing counsel. An expert also knows the appropriate way to respond, realizing that it is the opposing lawyer's responsibility to make their case and not the expert's job to correct or guide another attorney. In an expert's presentation there must be no guessing or speculating. If an answer is not known to the expert, in humility and honesty the expert will answer accordingly with "I don't know."

eing an expert witness entails diligent pursuit of the facts, a sense of integrity and an understanding of the legal process by which cases are resolved. This role is often critical in early dispute resolution.


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