Daubert Motions in Construction Litigation: Standards for Expert Witnesses in Design and Defect Claims
Raising or Defending Daubert Challenges to Admitting Expert Testimony; Impact of Recent Rule 702 Amendments
Recording of a 90-minute CLE video webinar with Q&A
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.
Outline
- Dispositive motions in the Daubert hearing: the Daubert challenge
- Effect of recent Rule 702 amendments
- Frye standards: how they differ from Daubert standards
- Application to construction cases
- Application to scheduling, construction defects, and damages
- Future impact of Daubert/Frye on construction claims
- Lessons from court rulings
Benefits
The panel will review these and other key issues:
- How can counsel effectively challenge a construction expert witness' theories and whether those theories have been tested?
- What impact will the recent Rule 702 amendments have on expert witness challenges?
- Under what circumstances should counsel consider not filing a Daubert/Frye motion?
- How can counsel leverage prior rulings involving a construction expert witness?
Faculty
David M. Adelstein
Partner
Kirwin Norris
Mr. Adelstein represents general contractors, subcontractors, design professionals, developers, associations,... | Read More
Mr. Adelstein represents general contractors, subcontractors, design professionals, developers, associations, suppliers, sureties, and owners in a myriad of construction matters including, without limitation, construction/design defect claims, schedule-based claims (including inefficiency, lost productivity, and acceleration claims), bid protests, payment disputes, lien and bond claims, liability and property insurance issues, and a host of other issues that affect the construction industry. He prepares and negotiates construction contracts for clients utilizing AIA, EJCDC, and AGC industry form documents, as well as contracts that are not based on an industry form document.
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Patrick J. Perrone
Partner
K&L Gates
Mr. Perrone concentrates his practice on construction and product defect matters. He is an experienced trial attorney... | Read More
Mr. Perrone concentrates his practice on construction and product defect matters. He is an experienced trial attorney who has handled hundreds of cases involving consumer/building products and construction defects. Mr. Perrone is also an experienced class action attorney and has defended a variety of consumer/building products class action suits.
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