5.6.2.1 Recruitment

• Jurisdiction: Arizona

The importance of bringing the expert on board in the early stages of the claim cannot be overstated. If the problem is recognized quickly enough, the expert may well be in a position to supervise the necessary testing and on-site inspections, which may prove crucial when the construction case finally reaches trial or arbitration. The expert who is brought into the case early may also be able to observe repair or redesign efforts while construction is still under way. These early steps may prove even more valuable in avoiding protracted litigation by promoting an early settlement.^[6] The expert may also prove invaluable in the mediation process during both the mediation preparation and briefing stage and during the mediation itself. Many times, the expert will prepare a presentation that may be persuasive in convincing the other side (and mediator) that you have a strong case, a strong expert, and are organized and prepared.

The personal knowledge the expert obtains early and during the construction process should also pay large dividends when the expert testifies at trial or in an arbitration proceeding.^[7] The same “at trial” benefit will result if the expert has sufficient time to become well versed in the documents and other evidence involved in the case. Since construction cases often involve thousands of technical documents, the process obviously will take a significant...