This program is presented by the Development and Construction Law Practice
Group of the Real Estate Law Section of the Massachusetts Bar Association. It is
designed for attorneys with some experience representing owners and contractors
in construction disputes or considering developing their experience in this area
further. The panel will focus on best practices for working with expert
witnesses throughout the full life cycle of a construction claim, from pre-suit
analysis and claim development, through discovery and mediation, to trial or
arbitration.
The discussion will follow a practical, stage-based structure and address how
lawyers can partner with experts to strengthen the client’s position at each
phase of the case. Panelists will offer strategic and technical insights,
including from the perspective of a seasoned expert, on how to deploy experts
efficiently and persuasively in support of defect claims, delay claims, loss of
productivity, design disputes and other construction-specific issues. Special
attention will focus on the associate’s role when working with experts.
Key takeaways will include:
- When and how to retain experts to shape claims and
leverage early resolution
- How to use experts to guide discovery strategy and
test opposing theories
- How to coordinate expert input to support damages
models and defend against counterclaims
- How to ensure effective collaboration between counsel and expert in
mediation, arbitration and trial
This program will be held at the Massachusetts Bar Association at 20 West
St., Boston. It will also be livestreamed. Registration is required by 3
p.m. on Friday, June 20, to participate in this program. An email from
MassBar Education with the Zoom invite link will be sent before
the program.