5.6.8.2 Practical Pointers – Top 10 List

• Jurisdiction: Arizona

1. The expert should visit the site of the claim. The expert should personally visit the construction site, even though the construction may have been completed, if for no other reason than to get a familiarization with the project location and scope. This avoids the “You never even visited this project, isn’t that true?” type of cross-examination.

2. The expert must review all of the key documents in the case. The expert should be given access to and be encouraged to review all pertinent pleadings, deposition transcripts, documents and reports so that she will completely understand the factual and legal positions of the parties on both sides of the controversy. Additionally, all books, articles or speeches by the prospective expert on the subject at issue must be discussed and reviewed for any inconsistencies with her potential opinion or testimony at the coming arbitration hearing or trial. Also, you should question your expert in advance as to all other similar cases in which she has testified before designating as an expert witness so as to be fully prepared for any potential cross-examination from a thoroughly prepared opposing counsel.

3. You and/or your expert should prepare a timeline of the key facts/events that are pertinent to the project and the construction case. A timeline (especially one that is prepared early) provides an easily created framework that will aid you and your expert in understanding the case, the preparation of discovery, and the preparation for mediation, arbitration, and/or trial.

4. The best tactic is to hire the expert...