Construction Workmanship Expert Services

Paul Gaston's construction workmanship expert services cover each stage of a dispute: early consulting, document review, site inspection, written reports, repair scope and cost, rebuttal of opposing opinions, and deposition, arbitration and trial testimony. Engagements can be consulting only or testifying, and the scope is agreed in writing before work begins.

Consulting and Testifying Engagements

Some matters need an expert in the background, helping counsel understand the construction issues, evaluate a claim and plan discovery. Others need a disclosed expert who will write a report and testify. Paul accepts both kinds of engagement, and a consulting engagement can convert to a testifying engagement if counsel decides to disclose him.

In a consulting role, Paul typically reviews the file, identifies the workmanship issues that matter, flags missing records, and helps counsel frame inspection requests and deposition questions for contractor witnesses. In a testifying role, he adds a formal inspection, a written report that sets out each opinion and its basis, and testimony.

What an Engagement Can Include

Early case assessment. A candid read on whether the workmanship issues support the position being considered, before significant expense is incurred.
Document review. Contracts, plans, specifications, change orders, RFIs, submittals, daily reports, photographs, invoices and correspondence.
Site inspection. Field examination and photographic documentation of the installed work under an agreed protocol, including joint inspections with other experts.
Workmanship analysis. Comparison of observed conditions with the contract documents, adopted code, manufacturer instructions and trade practice.
Repair scope and cost. A description of the corrective work required and a cost of repair for the work within his experience.
Rebuttal. Review of an opposing expert's report and a written response that addresses each opinion.
Testimony. Deposition, arbitration hearing and trial testimony.

What Falls Outside the Scope

Paul's opinions are limited to construction workmanship, installation methods, contractor practices, code compliance of installed conditions within his experience, and repair scope and cost. He does not provide:

Structural engineering or structural adequacy opinions
Architectural or design professional standard of care opinions
Mechanical, electrical or plumbing engineering design opinions
Laboratory testing, materials science or geotechnical opinions
Medical, health effects or toxicology opinions

When a matter needs one of these disciplines as well, Paul will say so at the outset so counsel can retain the appropriate professional.

Starting an Engagement

Every engagement begins with a conflict check. Send the names of the parties and a short description through the contact page. Once the conflict check is cleared, Paul sends his engagement agreement. Work begins when the signed agreement and retainer are received. The engagement fees and terms are set out below so that counsel and claims professionals can plan for them.

Six Steps From First Call to Testimony

Case Intake and Conflict CheckParty names and a short description come first, so a conflict check is cleared before any documents change hands.

Records and Document ReviewContracts, drawings, specifications, change orders, daily reports, photographs and correspondence are reviewed and indexed.

Site InspectionThe installed work is examined in the field and documented with photographs and written notes, under an agreed inspection protocol.

Standards ComparisonObserved conditions are compared with the contract documents, adopted code, manufacturer instructions and recognized trade practice.

Written Report and Repair ScopeOpinions are set out with their basis, exhibits and, where requested, a corrective scope and cost of repair.

Deposition and Trial TestimonyPaul explains the work and the basis for each opinion at deposition, arbitration or trial.

Engagement Fees and Terms

Paul Gaston's engagement fees are listed here so that counsel, insurers and property owners can plan before calling. Every engagement is confirmed in a written engagement letter.

Engagement retainer (non-refundable)	$6,000
Analysis, research and report writing	$600 per hour
Deposition and trial preparation	$600 per hour
Site visit	$5,000
Deposition testimony, half day (up to 4 hours)	$2,500
Deposition testimony, full day (4 to 8 hours)	$5,000
Trial testimony, half day (up to 4 hours)	$5,000
Trial testimony, full day (4 to 8 hours)	$10,000
Travel time	$185 per hour
Travel expenses	Actual cost of car rental, airfare, lodging and meals

Paul is not identified as a consulting or testifying expert until the signed engagement letter and the $6,000 retainer are received.

Testimony of 4 hours or less is billed as a half day; more than 4 hours is billed as a full day. Time spent waiting to testify, breaks and meals is included.

Payment is never dependent on findings, opinions, the outcome of a case, a mediation, an arbitration or a settlement.

The engagement letter is governed by the laws of the State of Illinois.

Common Questions

What is the difference between a consulting and a testifying expert?

A consulting expert advises counsel privately and is generally not disclosed. A testifying expert is disclosed, prepares a report as required, and gives testimony. Paul can be retained in either role.

Can a consulting engagement become a testifying engagement?

Yes. Counsel can retain Paul as a consultant first and later decide to disclose him as a testifying expert. The engagement agreement is updated to reflect the change.

Does Paul review an opposing expert's report?

Yes. Rebuttal review is a common part of his work. He addresses each opinion in the opposing report and explains where the documents and field conditions support or contradict it.

Will Paul take a matter that needs an engineer?

He will take the workmanship portion of the matter if it fits his experience, and he will tell counsel early that an engineer or other professional is needed for the remaining questions.

When does billing start?

Work begins after the signed engagement agreement and retainer are received. The engagement fees and terms are listed on this page and on the contact page.