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Plumbing and HVAC Expert Witness Russell Keeler of Chason Energy reports that he was involved in a matter where a contractor hired an engineer to create plans and specifications based on a performance specification issued by an owner.  The documents created by the engineer were used by the contractor to prepare a bid.  The performance specification was rather specific in terms of expected sound levels and temperature conditions in the various spaces.

The engineer developed bid documents, which the contractor then used to prepare his bid.  His bid price was low (by half) of the next bidder, and he was awarded the project.  When the plans were reviewed by the concept engineer, they were rejected.  The contractor was forced to provide an installation that conformed to the performance specification.

In the lawsuit, the contractor sued the engineer for the difference in cost between the bid price and the cost to install the required installation.  Mr. Keeler identified the areas that the engineer had taken liberties in the design.  The judge found for the contractor.

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Plaintiff sued defendants after being injured by a weedwacker.  Plaintiff hired an Osteopathy Expert Witness and an Ergonomics Expert Witness to provide testimony.  The defendants filed motions to exclude.  The court denied the motion against Dr. Murphy and granted in part and denied in part the motion against Mr. Mitchell

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Plumbing and HVAC Expert Witness Russell Keeler of Chason Energy commented on utility cost allocations

A common problem in mixed use developments (residential, retail, etc.) is the allocation of utility costs.  As developers try to minimize first costs of construction, the simple answer is to make the complex all-electric, so that each condo owner has an individual electric meter.  In higher end developments, this becomes a problem, as all electric is perceived as “lower end”.  A common solution is to use central gas fired hot water heat with gas appliances, with separate gas meters.  But…what to do about allocating heating costs?  Generally, natural gas costs are proportioned based on the design engineer’s estimate.  In a case where tenants dispute the allocation, additional calculations to verify the original allocations can be made, with a possible recommendation to add a series meters to more accurately assign costs.

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Plaintiffs sued defendant after their claim on a title insurance policy was denied by the defendant.  The plaintiff hired a Real Estate Valuation Expert Witness to provide testimony on their behalf.  The defendant filed a motion to exclude this testimony, which the court denied.

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Appellant sued appellees for causing the death of his 88 year old mother.  To assist in his case, appellant hired a family practice/family medicine expert witness.  The court excluded this testimony, and the appellant appealed to the current court.  This court affirmed the opinion of the lower court.

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Child Welfare Expert Witness A. Monique Burns, PhD, ACSW, LCSW opines on when Expert Witnesses should be retained:

“Over the years I have been retained on numerous legal matters on issues related to child welfare. I have learned in several of these cases, that mention was made early on to request the assistance of a legal expert. However, the decision was delayed thinking the case would be settled or the services of a legal expert simply were not needed, only to discover down the road that in-fact, a legal expert was needed. This creates a difficult situation for all parties involved and is not in anyone’s best interest.

It is crucial to bring experts on board as early in the process as possible – well in advance of needing an expert report, depositions or testimony. When the need for an expert is recognized, don’t wait, go ahead and begin the search immediately and determine who may best meet the needs of the case.

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