- Home
- Books and Journals
- Washington State Bar Association
- Washington Construction Law Deskbook (WSBA)
- Chapter 25
Chapter 25.10 USE OF CONSULTANTS
Jurisdiction | Washington |
Given the complexities of many construction disputes, experts are often engaged to present claims or prepare defenses. Experts offer opinions on a wide range of topics, including scheduling analysis, liability analysis, scope of repairs, cost of repairs, cost accounting, and breach of the standard of care concerning design documents, among others.
(1) When to hire
Due to cost, experts generally are not engaged until a dispute is already in litigation or arbitration. However, if a contested claim is of sufficient size, it may be more efficient to retain an expert prior to litigation to assist not only in evaluating and preparing the claim (or defense) but also in creating a proper record. This assistance may be particularly important depending on the dispute resolution procedures of the contract and whether spoliation of evidence is a concern.
At the outset of construction litigation, a preliminary determination should be made regarding whether an expert is needed to evaluate the client's case, formulate a discovery plan (including preparing written
[Page 25-66]
discovery requests and preparing deposition questions), and prepare and present the claim or defense at trial. In the event the decision to hire a testifying expert is held in abeyance due to costs, as discussed above, keep in mind that local court rules may provide expert disclosure deadlines and avoid prejudicing the opposing party by delaying disclosure. Of course, if cost is the driving factor in delaying hiring an expert, which is typically the case, consider whether hiring the expert under a phased approach is viable. Often experts are willing to provide an initial high-level analysis early on with a more in-depth analysis later only if needed.
(2) Testifying versus nontestifying
In Washington state courts there are two types of experts: testifying and nontestifying. A nontestifying expert may be helpful in preparing a case from behind the scenes. His or her identity and opinions are not discoverable except as provided in CR 35(b) or upon a showing of exceptional circumstances. CR 26(b)(5)(B); Detwiler v. Gall, Landau & Young Constr. Co., 42 Wn.App. 567, 572, 712 P.2d 316 (1986). For that reason, nontestifying experts can be extremely helpful in candidly evaluating your client's position. Anontestifying expert can be "converted" to a testifying expert later, as long as sufficient disclosure is provided and the opposing party is not prejudiced by any delay in the disclosure. Detwiler, 42 Wn.App. at 572 (cautioning against providing an intentionally untimely disclosure).
A testifying expert may play a central role in presenting a party's case. For instance, whether an engineer breached its standard of care in designing a complex system may only be established through testimony of a testifying expert, as lay witnesses are not permitted to offer testimony on "scientific, technical, or other...
To continue reading
Request your trial- Washington Construction Law Deskbook (WSBA)
- Chapter 25
- Summary
- Chapter 25.1 INTRODUCTION
- Chapter 25.2 FORMAL DISCOVERY
- Chapter 25.3 OTHER MECHANISMS TO OBTAIN DISCOVERY
- Chapter 25.4 STATUTES OF LIMITATION AND TOLLING AGREEMENTS
- Chapter 25.5 BASIC PROJECT RECORDS TO OBTAIN IN DISCOVERY
- Chapter 25.6 LITIGATION AGREEMENTS
- Chapter 25.7 ARBITRATION
- Chapter 25.8 ARBITRATION AND LITIGATION PROVISIONS OF CHAPTER 64.55 RCW
- Chapter 25.9 DEMONSTRATIVE EVIDENCE
- Chapter 25.10 USE OF CONSULTANTS
- Chapter 25.11 CHECKLIST OF AFFIRMATIVE DEFENSES
Subscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the revised versions of legislation with amendments.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.