March 10, 2008

EDITOR'S NOTES

An expert witness plays a unique role in a courtroom. Unlike other types of witnesses, the expert may proffer opinions based on his or her unique professional qualifications, which are read into the court record. Failure to present proper or convincing qualifications may prove detrimental to a party’s outcome. Such was the case in which two experts could not agree on calculations of labor inefficiencies. The government’s expert, who was properly presented and accepted by the court, provided a more convincing argument and set of calculations to the ASBCA.

The Advisor has covered topics of jointly issued checks in previous issues. When the parties of one such agreement failed to predetermine how such checks would be disbursed and one party defaulted on its obligation, conflict ensued. Miller Act rights are at the heart of this most recent case.

And finally, though often favored as a more effective and timely form of dispute resolution, arbitration can prove legally confusing. The question in this week’s final case centers on which law prevails—state or federal.

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