Daubert Motions in Construction Litigation: Standards for Expert Witnesses in Design and Defect Claims

This CLE webinar will provide counsel with an analysis of how courts apply the Daubert/Frye standards (and comparable state standards) to the presentation of expert testimony in construction disputes, including any impact that the recently amended Rule 702 may have on the standards' application. The panel will outline practical approaches to raise or defend a challenge to the admission of expert testimony.

In most construction suits, both sides rely on experts to provide opinions and testimony supporting or against claims of liability and damages. Such expert testimony often involves determining fault for design and construction defects, schedule delays, and worker inefficiency. Expert opinion and testimony impact all parties in a construction dispute, including property owners, developers, financial institutions, design professionals, contractors, subcontractors, suppliers, and vendors.

The Daubert/Frye ruling and the body of law on challenging expert opinions and testimony continue to evolve for construction disputes in both state and federal courts. Courts permit testing expert testimony and an expert's foundational methodology or technique to ensure that it is relevant and reliable. And the recently amended Rule 702 will impact such testing and court rulings.

Listen as our panel of construction litigators discusses the applicability of the Daubert/Frye standards to the presentation of expert testimony in construction disputes, analyzes what is required to successfully raise or defend a challenge to the admission of expert testimony, especially in light of the recently amended Rule 702, and provides guidance for using experts in construction cases.