Construction
Expert Testimony
An expert report without credible testimony is incomplete. The opinion has to survive deposition, withstand cross-examination at trial or arbitration, and land clearly with a fact-finder who has never set foot on a construction site. That takes more than technical knowledge. It takes the ability to communicate under pressure. That's what 20+ years of managing complex projects, combined with formal testimony experience, provides.
Discuss Your Case →What to Expect From Construction Expert Testimony
Expert testimony in construction disputes involves three distinct stages. Each has its own purpose, format, and strategic considerations for the retaining attorney.
Deposition
Sworn testimony before trial, typically in a conference room. Opposing counsel drives the questioning. The goal for the expert is accuracy, consistency, and avoiding overstatement.
- Locked-in opinions that must hold at trial
- Opposing counsel tests scope and methodology
- Rebuttal opinions may be addressed here
- Transcript becomes trial cross-examination material
Arbitration
Presentation before a panel, often with tighter time constraints than trial. Arbitrators are typically more technically sophisticated than juries, so explanations can be more direct and less simplified.
- Panel may ask questions directly
- Less formal than trial, more focused on technical record
- Written submissions may be as important as oral testimony
- Expert credibility still matters significantly
Trial
Direct examination by retaining counsel followed by cross-examination. In jury trials, the expert has to translate construction concepts into plain language without losing the technical substance of the opinion.
- Jury-friendly explanations without sacrificing accuracy
- Visual aids, exhibits, and demonstratives
- Cross-examination based on deposition transcript
- Rebuttal testimony if permitted by the court
How I Prepare for Expert Testimony
Thorough preparation is what separates consistent testimony from a witness who gets tripped up in the first hour of cross.
Full Case Record Review
Before any testimony, I review the complete case record: my own report, opposing expert reports, fact witness depositions, and key documents. I need to know what is in the record and what is not, because opposing counsel certainly will.
Opposing Expert Analysis
I review the opposing expert's report in detail and identify where our methodologies and opinions diverge. Understanding the opposing position is essential to anticipating cross-examination and preparing rebuttals.
Pre-Testimony Conference
I work with the retaining attorney before deposition or trial to confirm the scope of testimony, review exhibits, and address any anticipated problem areas. Good attorney-expert communication before testimony prevents avoidable surprises.
Consistent, Supportable Positions
Every opinion I give is one I can support with the record and my methodology. I don't shade opinions toward the retaining party's preferred outcome. The testimony stands up precisely because the opinions are grounded in the facts.
Credentials & Qualifications
The credibility of expert testimony starts with the expert's qualifications. Here's what I bring to the stand.
- 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
Construction expert testimony is sworn testimony from a qualified expert witness, given at deposition, arbitration, or trial, helping a judge, jury, or arbitrator understand technical construction issues they could not evaluate on their own. The testimony covers opinions on liability, causation, damages, or standard of care, and is subject to cross-examination by opposing counsel.
Deposition testimony is given under oath before trial, typically in a conference room, with opposing counsel asking questions. It is used to discover the expert's opinions and lock them down so they cannot change at trial. Trial testimony is given in court or before an arbitration panel, and involves both direct examination by the retaining attorney and cross-examination by opposing counsel. The expert's deposition testimony can be used to challenge consistency at trial.
Preparation starts long before the testimony date. I review all case documents, opposing expert reports, and deposition transcripts thoroughly. I work with the retaining attorney to ensure the scope of my opinion is clear and that we anticipate the areas opposing counsel will probe. I also review my own report carefully so every statement is accurate and defensible.
Yes. The side I testify for doesn't determine the opinion. The facts and the project record do. I've provided testimony for owners, general contractors, subcontractors, design professionals, and insurers. The goal in every case is the same: an accurate, well-supported opinion that I can defend under any level of cross-examination.
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