Gain insights into the criteria and methods for evaluating expert testimony under both the Daubert and Frye standards.
Construction litigation matters often rely on scientific evidence and expert witness testimony. This presentation will review best practices for working with expert witnesses and consultants in construction cases and will discuss the standards by which an opposing party may challenge the admissibility of your expert’s testimony under the Daubert standard, articulated by the US Supreme Court in 1993 and adopted in most states, and the Frye standard which has been used since 1923 and is still applicable in several states, including California and New York. Attendees will leave this presentation with a framework for engaging and working with expert witnesses and how to avoid having their testimony excluded under the Daubert and Frye standards.
Learning Objectives
- You will be able to understand the significance of scientific evidence and expert witness testimony in construction litigation matters.
- You will be able to identify best practices for effectively collaborating with expert witnesses and consultants in construction cases.
- You will be able to explore the Daubert standard established by the US Supreme Court in 1993 and its application in challenging the admissibility of expert testimony.
- You will be able to develop strategies for ensuring the admissibility of expert witness testimony and mitigating challenges based on the Daubert and Frye standards.
Agenda
Presenters Background
How Experts Are Used in Construction Litigation
- Consulting vs. Testifying Expert
- Address Liability Issues, Quantify Damages
Ten Steps to Working With Expert Witnesses and Consultants
- Retain Your Expert Early
- Thoroughly Vet Your Expert
- Develop Ground Rules Early
- Insist Upon Timely and Regular Communication With Your Expert
- Use Your Expert’s Experience for the Benefit of the Client
- Clearly Identify Your Expert’s Scope
- Use Your Experts to Help With Opposing Witnesses and Discovery
- Review Your Expert’s Work and Opinions With Your Client
- Prepare With Your Witness Before Testimony
- Always Keep Daubert/Frye in Mind
Daubert / Frye Challenges
- Legal Bases
- Process for Challenging Experts
- How to Avoid Exclusion
Speakers
Marc Coats, P.E. LEED AP
Pillsbury Winthrop Shaw Pittman LLP
- Practiced in areas of Litigation; Construction Counseling & Dispute Resolution; Government Contracts & Disputes; International Arbitration; Real Estate Litigation
- Specializes in resolving complex construction disputes, analyzing contractor claims, and drafting construction contracts
- California-licensed civil engineer, member of the American Society of Civil Engineers, and LEED Accredited Professional
- Over 10 years of experience as a construction manager and design engineer on public and private projects
- Represents clients in a variety of legal matters related to construction projects, including infrastructure, renewable energy facilities, and residential/commercial buildings
- Representative Experience includes litigating multimillion-dollar claims and representing both public agencies and private contractors
- Recipient of the Wiley W. Manuel Pro Bono Legal Services Award (2019 – 2021)
- Education: M.S., University of California, Berkeley, Engineering; B.S., San Francisco State University, Civil Engineering, Tau Beta Pi; J.D., University of California, Davis, Senior Articles Editor, UC Davis Law Review
- Admissions: California
Elaine Lee
Pillsbury Winthrop Shaw Pittman LLP
- Practiced in areas of Litigation; Appellate; Commercial Litigation; Consumer Class Actions; Real Estate Litigation; Construction Counseling & Dispute Resolution
- Represents owners, contractors, and design professionals in construction litigation and counseling, as well as clients in various litigation matters.
- Experience in major construction projects, including public infrastructure and commercial buildings.
- Proficient in all stages of dispute resolution, from claim development to trial in state and federal court and arbitration.
- Representative Experience includes winning arbitration awards, state court litigation, and representing clients in consumer class actions and contract disputes.
- Education: J.D., University of Southern California Gould School of Law, 2013
- B.S., Washington University in St. Louis, 2008, Business Administration (Finance and English Literature)
- Admissions: California
Who Should Attend
This live webinar is designed for attorneys, presidents, vice presidents, contractors, subcontractors, engineers, architects, construction and project managers, developers, accountants, controllers, risk managers and other construction professionals.
