Construction
Defect Expert Witness
Defect cases hinge on whether the work deviated from plans, specifications, and accepted construction practice, and what it costs to fix it. I conduct site inspections, analyze construction documents, and produce expert reports that give your litigation team a clear, defensible position on liability and damages.
Discuss Your Case →Construction Defect Analysis Services
The full scope of services an attorney needs to build and present a construction defect case:
Site Inspections
Physical examination and documentation of alleged defects, with photographic and written records that provide a clear factual foundation for your case.
Defect Identification & Root Cause Analysis
Systematic analysis of what failed, where it deviated from contract documents and applicable standards of care, tracing each failure back to its origin in design, workmanship, materials, or sequencing.
Cost-to-Repair Estimates
Detailed, defensible repair cost quantification based on actual scope and current market pricing, not round numbers pulled from a database.
Expert Reports
Written reports suitable for disclosure in state or federal court, with clear methodology, findings, and opinions that survive Daubert or Frye scrutiny.
Deposition & Trial Testimony
Preparation support and direct testimony. I review opposing expert reports and identify methodology weaknesses. Clear, consistent testimony for lay fact-finders.
My Approach to Defect Analysis
A four-step process from initial review to courtroom-ready testimony.
Document Review
Before anything else, I review contracts, plans, specifications, RFIs, submittals, inspection records, and prior reports. This determines the scope of inspection and identifies critical issues early.
Site Inspection & Analysis
Systematic analysis of each alleged defect against applicable standards of care, contract requirements, and building code, documented photographically and in writing.
Expert Report
Written report documenting methodology, findings, and opinions in a format suitable for disclosure in state or federal court. Structured to withstand cross-examination.
Deposition & Trial
I work with your team ahead of deposition, including review of opposing expert reports. Straightforward, consistent under cross-examination.
Credentials & Qualifications
20+ years managing complex commercial construction projects, the field experience that separates a credible expert from a paper reviewer.
- B.S. Civil Engineering: Brigham Young University
- PSP: Planning and Scheduling Professional (AACE International)
- CCP: Certified Cost Professional (AACE International)
- CCM: Certified Construction Manager (CMAA)
- FMPC: FenestrationMaster Professional Certification
- Licensed General Contractor: B100 & E100AK · ID · NV · UT
Frequently Asked Questions
A construction defect is a deficiency in the design, workmanship, or materials of a construction project that causes damage or creates an unreasonable risk of damage. Courts distinguish between patent defects (those visible or discoverable by reasonable inspection) and latent defects, which are hidden and may not manifest for years. To rise to the level of a legally actionable defect, there generally needs to be a deviation from the contract documents, the applicable building code, or the accepted standard of care for the work in question.
A design defect exists in the plans, specifications, or engineering drawings. Something was designed incorrectly or inadequately, regardless of how well it was built. A workmanship defect occurs when the work deviates from what the design required. The design was correct, but the installation wasn't. The distinction matters for both liability allocation and damages analysis. In practice, many defect cases involve elements of both.
The primary measure is typically the cost to repair or remediate the defective work: what it actually costs to bring the construction into conformance with the contract and applicable standards. This requires a detailed scope of remediation, priced at current market rates. In some cases, courts apply a diminution-in-value measure instead of or in addition to repair costs, particularly when the defect cannot be fully remediated.
Expert witness fees vary based on the complexity of the project, the volume of documents, the number of alleged defects, and the scope of work required. For straightforward residential defect matters, a basic review and report may involve 20–40 hours of work. Complex commercial cases involving site inspections, document review, multiple expert reports, and deposition and trial testimony may involve significantly more. I'm happy to give you a realistic estimate of scope after an initial conversation about the case.
Related Expert Witness Services
GET IN TOUCH
Discuss Your Case
Looking for construction expert witness services backed by real-world experience? Fill out the form and Garrett will be in touch.