Searching for a Construction Expert? Approaching an Expert Report deadline?
Holloway Consulting is often contacted shortly before report deadlines and asked to prepare an expert report and/or rebuttal report.
This page continues our series on some of the theoretical concepts that we often try to include in our construction expert reports:
Construction Expert Reports
Entitlement and Damages
Entitlement: the legal foundation of the claim; derived from the contract language and case law precedent.
Damages: the dollar value of the claim; the additional compensation that the contractor is entitled to receive.
These two parts, entitlement and damages, are the heart and lungs of the claim. If either part is missing, the claim dies.
Cause and Effect
“My thumb hurts, because I smashed it with a hammer.”
Cause: A person or thing that acts, happens, or exists in such a way that some specific thing happens as a result; the producer of an effect. You have been the cause of much anxiety. What was the cause of the accident? A cause is an agency, perhaps acting through a long time, or a long-standing situation, that produces an effect.
Effect: Something that is produced by an agency or cause; result; consequence. We give the name of cause to that event which precedes, and the name of effect to that event which follows in the order of time.
To describe cause and effect, use the magic word-BECAUSE. It is most effective in the middle of the sentence, linking the subsequent effect to the preceding cause.
• My thumb hurts because I hit it with a hammer.
• I hit my thumb because the cat bit me.
• The cat died because my thumb hurt.
Back to the quotation. The cause is the hammer blow. The effect is the hurt. Note the time relationship: the effect follows the cause. Also note the endless prospects for cause-effect chains. The stated cause (hammer blow) may be the true effect of a preceding cause (the cat bit me on the downstroke). The stated effect (hurt) may be the true cause of a subsequent effect (dead cat).
These chains of cause and effect play a vital role in the claim presentation. First, the claim analysis must unravel and track the chains of cause and effect. Second, the claim presentation must fully describe and document those same chains.
Adequate development of cause-effect within the claim presentation is not a natural by-product of the writing process. It is the specific result of preplanning each problem narrative.
This series of Holloway Consulting articles is on the theory, technique and structure of the effective construction expert report and claim presentation.
Contact Holloway about your expert report or claim.
Use this tool to search our site for information of interest to you:
Consultants and Expert Witnesses
12081 W. Alameda Pkwy., #450
Lakewood, CO 80228-2701
Denver Phone: (303) 984-1941
International : (888) 545-0666
Fax: (303) 716-0432
| Defend Clients in Labor Productivity Claims
| Claim Entitlements
| Schedule Delays
| Expert Methods
| School Construction Claims
| Highway Claims
| Labor Productivity Expert
| Holloway’s Staff
| Assisted Living Experts
| Construction failures
| J-Steve-Holloway Testimony
| J-Steve-Holloway Credentials
| Hotel Expert
| Schedule Update Delay Analysis
| Measured Mile1
| Delay Analysis
| Measured Mile2
| Measured Mile3
| Measured Mile4
| Measured Mile5
| Measured Mile6
| Measured Mile7
| Oil and gas claims-consultant
| Louisiana claims-consultant
| NGL construction-claims-consultant
| Delay claims-consultant
| Construction-cause effect claims-consultant
| Labor productivity claims