Securing the Right Expert to Support Your Lawsuit
On March 25, 2016 I published a Blog titled “Expert Witness, a Becht Engineering Service to Avoid”. This Blog focused on a number of elements that can be used to assure projects do not result in litigation. These elements include:
- Developing a sound, complete scope of work
- Selecting a qualified contractor
- Using proven industry standards with specific addenda
- Putting a highly experienced management and technical team in the contractor’s office
- Implementing shop and field quality assurance programs
- Demanding timely reporting from the contractor
However, we find that many times these elements are not implemented on major projects and there is a dispute over cost, schedule or performance resulting in litigation. There can also be cases involving equipment failures, underperformance of projects, patent infringement or injury where we are contacted after the litigation process is well under way. In these cases, it is critical the legal team engage the right technical experts to supplement the case. Becht Engineering has over 1300 experts covering the technical, maintenance and operational aspects of the nuclear, refining and petrochemical industries. Most of these people have over 30 years of experience with major operating companies. We have and are currently providing expert witness services in many areas including:
- Construction cost overruns
- Failure to pay claims
- Delay claims
- Fatal accidents and incidents
- Equipment failures
- Plant performance issues
- Process safety management
- OSHA violations
- Patent infringement
- Crane and rigging incidents
Our process includes unpaid consultation with the legal team to assure alignment with our experts and needs of the case. We also evaluate any conflict of interest issues and will provide a formal proposal for our services. After we are engaged we review case documents and prepare an expert report, rebuttal report or other documents needed by the legal team. Many of our experts have experience with deposition as well as trial and arbitration testimony. We encourage legal teams to engage us early in the process to help support strategic technical direction on the case.
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