Expert opinion is commonly used in both the prosecution and rebuttal of construction claims. Expressed in written reports and oral testimony, the opinion seeks to establish causation and quantify damages. But to what extent must an expert's opinion be based on first-hand knowledge? And, must the witness possess expertise in all the technical disciplines that apply to the opinion?

In a case reported this week, a party on the losing end of a claim complained that an expert had merely "parroted" the opinions of his client's engineering personnel and paraphrased the engineers' work product. It was inadmissible hearsay, argued the losing party. But, a federal appeals court upheld the admissibility of the expert's opinion even though it may have been based in part on hearsay.

Another case this week involved expert opinion. A "measured mile" analysis was allowed in establishing the lost productivity incurred by a contractor, despite the possible mischaracterization of some of the low productivity days. Damages need not be proved with mathematical precision. In a third case, a project owner was held to have waived the right to terminate for late completion when it encouraged continued performance by the contractor.

If you have not yet signed up for this week's webinar titled Construction Documentation and Record Management: Get it Right to Prevail in Disputes  with Matt Devries, there is still time. Visit http://tinyurl.com/constructiondocumentation for more information.