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In our construction litigation engagements, Holloway Consulting is often asked to prepare an expert report and rebuttal report.
This page provides a brief summary of some of the theoretical concepts that we often try to achieve in expert reports:
Construction Expert Reports
Objective and Theory
The street beggar asks for a dime – and sometimes succeeds because his plight is obvious and his request is small.
The contractor asks for a million dollars – and gets nothing.
To recover a million dollars (or any substantial sum) from the opposing party, the claim should be presented in a clear and convincing package. Clear, so the other party understands the claim. Convincing, so the other party appreciates the merit of the claim.
Clear is the art and science of communication:
1. Carefully designed bundle of words and pictures,
2. Deliberately structured to induce and encourage understanding,
3. Crafted with clear and concise English,
4. Supported with crisp and easy-to-grasp visuals.
Convincing is the science of forensic engineering:
1. Consisting of a thorough analysis and proof of entitlement/quantum welded to the logical and supportable demonstration of cause/effect,
2. Satisfying the demands of the contract and the courts,
3. Proving the merits of the claim to a reasonable certainty.
Forensic Engineering is the catalyst of claim and dispute settlement, because it convinces the other party that the claim is unlikely to be defeated.
The contractor asks for a million and gets nothing because his request is too big. Few, if any, would pay a million dollars without a clear and convincing cause.
A vast gulf separates the beggar’s dime and the contractor’s million dollars. The effort required to prevail in the contractor’s claim demands talent, technique, and challenging work.
What follows in this series of Holloway Consulting articles is the theory, technique and structure of the effective construction expert report and claim presentation. Read More here . . .
Contact Holloway about your claim.
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