What Goes Into a Workmanship Report
A report has to be clear enough for a juror and detailed enough for opposing counsel. Paul's reports typically include:
- A description of the assignment and the materials reviewed
- A summary of his qualifications, with his CV attached
- A description of the inspection and the conditions observed
- The requirements each condition is compared with, by source
- Each opinion, stated plainly, followed by its basis
- Photographs and exhibits keyed to the opinions
- Where requested, the corrective scope and cost of repair
Reports are prepared to meet the disclosure requirements counsel identifies for the forum.
Opinions Built to Be Tested
Every opinion should survive the question "how do you know that?" Paul ties each opinion to a document, an observation or both, and he identifies the professional experience that supports it. He also states the limits of each opinion. An expert who claims too much invites a challenge to everything he says; an expert who stays within his experience is more credible on the points that matter.
The methodology behind these opinions is described on the workmanship analysis page.
Deposition
At deposition, opposing counsel tests the qualifications, the method, the basis and the limits of each opinion. Paul prepares by reviewing his file and report, and he answers questions directly. If he does not know something or did not review something, he says so. That candor tends to strengthen the opinions he does hold.
Arbitration and Trial
At a hearing or trial, the audience changes. Paul explains construction in practical terms, using photographs and exhibits to show the fact finder what he saw and why it matters. His experience directing crews and explaining work to owners and inspectors helps him communicate technical points without jargon. His testimony history appears in his CV.
Preparing With Counsel
Before deposition or trial, Paul meets with retaining counsel to review the report, the exhibits and the issues likely to be raised. He identifies any new documents or testimony that bear on his opinions so that counsel can address them in time. Preparation sessions are focused on explaining the work clearly; the opinions themselves remain his own and follow the evidence. If new information changes an opinion, Paul tells counsel promptly and explains why, because an expert who adjusts to the evidence is more credible than one who defends a position the record no longer supports.