RC123 MarApr 2026 - Magazine - Page 28
LEGAL
FOLLOWING THE EVIDENCE
The power of a forensic engineering expert witness
by Edward Poon
HEN CONSTRUCTION DISPUTES arise, the 昀椀rst question
is often: What went wrong, and how do we support
our conclusion? Whether it is a structural failure,
material defect, or system malfunction, demonstrating the root cause requires more than
technical knowledge. Uncovering the source
of the issue—and communicating the 昀椀ndings in a clear,
defensible manner—requires the expertise of a forensic
engineering expert witness.
A forensic engineering expert witness combines detailed
technical analysis with experience in impartially and
precisely navigating legal proceedings, insurance claims,
and arbitration. This makes the expert witness a linchpin
for shaping legal strategies and presenting arguments that
hold up under scrutiny.
W
Edward Poon is the Director
of Canadian Forensic
Operations with HKA.
The role of a forensic engineer and expert witness
What exactly does the role of a forensic engineering expert
witness entail? As a strategic partner in dispute resolution,
these experts not only get to the root of what happened
but also provide objective, evidence-based insights
that ensure disputes, claims, and litigation are built on
undeniable facts, not assumptions. Their insights are
rooted in technical expertise, systems thinking, scienti昀椀c
analysis, and an understanding of how 昀椀ndings can be
leveraged or challenged in a court of law.
EVIDENCE-BASED INVESTIGATION. A forensic engineering expert
witness examines physical evidence, documentation, and
site conditions to reconstruct events leading to failure.
This investigation goes far beyond surface-level symptoms
that are often incorrectly pinned as the source of disputes.
Digging deep into the technical details provides clarity
on the root cause, which can be buried under layers of
contributing and compounding factors.
For instance, in the case of an arena collapse, a forensic
engineering expert witness would analyze the debris, site
evidence, and pattern of the building collapse to identify
the area of origin and narrow down potential causes.
Further forensic engineering investigation would analyze
a range of potential design and construction de昀椀ciencies
to zero in on the underlying source of the failure, such as
wind resistance considerations not being accounted for in
the structural design.
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SYSTEM-LEVEL UNDERSTANDING. A forensic engineering expert
witness ensures technical expertise does not come at
the expense of system-level understanding. Given
that modern construction projects involve a web
of interconnected systems, having a bigger picture
perspective of how various requirements and technical
components a昀昀ect one another and the project at large is
crucial for analyzing disputes holistically.
In a memorable arbitration casqwe, one of many
where I have served as a forensic engineering expert
witness, a technical question arose around how to
determine the performance criteria of a building
system and the methodology for quantitatively
determining a design’s performance. Speci昀椀cally, the
dispute centered on how the project-speci昀椀c output
speci昀椀cations correlated to building codes and standards.
Understanding the technical principles and how they
cohesively shape building systems was the key to
rendering a strong, defensible opinion that considered
relevant perspectives.
TESTING AND ANALYSIS. As part of their investigation, a
forensic engineering expert witness conducts testing,
simulations, and calculations to validate hypotheses. For
example, in a dispute over a mechanical system failure, a
forensic engineering expert witness might use computer
simulations to replicate the failure and detect the exact
point of malfunction. Exercises like this use a scienti昀椀c
approach to evaluate possible scenarios, eliminate the
least likely outcomes based on evidence, and provide
the necessary level of detail to determine the proximate
cause.
EXPERT TESTIMONY. Just as important as their technical
expertise is a forensic engineering expert witness’s
ability to translate complex analysis into precise and
compelling testimony that judges, juries, and arbitrators
can understand. This necessitates a mastery of e昀昀ective
communication skills and experience to understand how
昀椀ndings will be used in court or arbitration.
In the case of a construction defect, a forensic
engineering expert witness might explain in lay terms
how a design 昀氀aw led to water in昀椀ltration and structural
damage. By painting a clear picture and presenting an
appropriate level of technical evidence that is easily
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