Expert Witness and Litigation Support Services
Overview of Expert Witness and Litigation Support Services
We believe that the attention to detail, which is necessary to have a successful construction-claims effort, can only be provided by proven professionals working exclusively in the construction field. Our professionals are proven experts in Estimating, Scheduling, Architecture, and Project Management. It is this well-rounded base of experience and knowledge that we offer our clients.
Our professionals have a broad range of experience ranging from government and institutional work, to private corporate projects. Our experts rely on their experience and understanding of the construction process from the perspectives of both the owner and contractor. It is this range of experience that allows us to identify the cause of construction related disputes and help our clients find a solution.
Palacio Collaborative offers the following services to help resolve construction related conflicts:
- Mediation
- Arbitration
- Neutral Experts
- Expert Witnesses
- Claims Preparation
Mediation
Palacio Collaborative can serve as an informal mediator to help owners and contractors work out solutions before litigation becomes necessary. Mediation is a process that brings parties together and helps them resolve disputes [but it does not sit in judgment]. The process involves dialogue, trust, open minds, and hard work.
Our goal is to serve as a neutral party and assist in the resolution of mid-project or end-project disputes in an effort to avoid litigation.
Arbitration & Litigation Support
In arbitration Palacio Collaborative is able to give an impartial opinion on issues. Our preparation of claims includes preliminary investigation, comprehensive analysis, and evaluation of documentation.
When necessary we use photographs, illustrations, and other visual aids so that we can clearly convey the facts to arbitrators, judges, and juries. Juries are more likely to remember information from visuals than from spoken testimony alone.
An important consideration in the credibility of experts is the depth and breadth of experience they draw upon to render convincing opinions. Unlike many professional witnesses whose knowledge may have been gained primarily within an academic environment, Palacio Collaborative offers the benefit of experience from successfully managing a diverse range of projects for nearly three decades.
Neutral Experts
The use of such an expert has been recognized in the 2007 AIA A201, Section 15.2 provision which allows for the parties to choose an initial decision maker to resolve disputes. We believe that using a neutral expert can resolve issues much more efficiently. Typically, expert witnesses are on one side of a case testifying in an effort to support the arguments of the attorney. Sometimes an expert not affiliated with either side can help to resolve the issues more efficiently. The role of a neutral expert can range from providing factual answers to questions after reviewing the evidence, to deciding the case as an arbitrator. Our professional experience as project managers and arbitrators of disputes make them well suited to excel in this role. Click on the link below to get more information on the advantages of using a neutral expert:
http://digital-law-online.info/papers/lah/BNAexpert.pdf
Expert Witnesses
Our experts are well-rounded professionals who have spent their careers mastering different aspects of the construction industry. The Palacio Collaborative Team of experienced professionals has successfully estimated, scheduled, and managed a number of diverse projects with over 50 years of combined experience. It is from this rich experience that we are able to convey convincing opinions to jurors.
Claims Preparation
Given our vast experience in Cost Management, Palacio Collaborative is well-equipped to calculate damages including the costs of redesign, construction, repair or remedial work that may be necessary. Our experience with Architecture, Engineering, construction, and Building Codes/Standards enables us to determine all damages based on a thorough review of the Construction documents, Construction activity durations, the procurement process, submittals, and scheduling logic. All of which plays an important role in explaining the cause and effect of lost time and money, ultimately to become the basis for developing a claim or claim response.