RC123 MarApr 2026 - Magazine - Page 31
CONSIDER ALL AVAILABLE EVIDENCE AND SCENARIOS.
The scienti昀椀c method is at the heart of forensic engineering. It
involves reviewing possible scenarios and systematically eliminating
alternatives based on evidence until a conclusion is reached.
Documenting evidence and explaining why it was included or
excluded in the analysis is essential. Omitting evidence, even a
seemingly insigni昀椀cant detail in construction records, leaves room
for opposing counsel to suggest bias and could become a focal point
during cross-examination.
EVIDENCE MUST BE CLEAR AND SPECIFIC.
A forensic engineering expert report needs to be comprehensive and
speci昀椀c. General conclusions or summaries of documents can leave
room for interpretation and weaken an expert’s position. Points
should be illustrated clearly, citing speci昀椀c evidence from documents,
including excerpts, 昀椀gures, and diagrams.
For example, in a case involving infrastructure construction, citing
documents and tabulating the location and number of construction
de昀椀ciencies can help correlate the observed de昀椀ciencies to the
as-built construction. This direct correlation, upheld by detailed
documentation, provides a stronger foundation for the opinion than
simply providing a general conclusion.
QUANTIFYING AND TABULATING EVIDENCE MATTERS.
When forming an opinion, it is critical that an expert quantify and
cite occurrences with speci昀椀c document references to avoid vague
conclusions. For instance, a dispute over construction de昀椀ciencies
would call for tables or charts that list each defect, its location, and
the corresponding document reference. By tabulating the evidence,
昀椀ndings are presented in a clear, cumulative picture that is more
persuasive and easier to defend during testimony.
MITIGATE RISKS DURING CROSS-EXAMINATION.
Cross-examination can be a mine昀椀eld, especially when opposing
counsel uses leading questions or tries to refute an expert’s opinion
without presenting speci昀椀c documents. Making sure expert reports
meticulously cite documents referenced mitigates these risks. If
opposing counsel attempts to challenge an expert’s opinion by
suggesting their conclusions are not well-supported, the expert
can quickly reference the relevant evidence and refute the claims,
reinforcing their credibility and thorough analysis.
The bottom line is that there cannot be any ambiguity in how
the evidence is interpreted. Following best practices, a forensic
engineering expert witness can provide clarity based on logical
reasoning and conclusions 昀椀rmly grounded in facts.
Construction claims and disputes demand the truth—and a clear,
defensible opinion that makes the truth indisputable. By leveraging
technical expertise, revealing the root cause, informing legal strategies,
and delivering conclusive testimony, the right forensic engineering
expert witness can be a powerful asset at the crux of successful
resolutions.
This article presents the views, thoughts, or opinions only of the author and not those of any HKA entity. The
information in this article is provided for general informational purposes only. While we take reasonable care at
the time of publication to confirm the accuracy of the information presented, the content is not intended to deal
with all aspects of the referenced subject matter, should not be relied upon as the basis for business decisions,
and does not constitute legal or professional advice of any kind. HKA Global, LLC is not responsible for any errors,
omissions, or results obtained from the use of the information within this article. This article is protected by
copyright © 2025 HKA Global, LLC. All rights reserved.
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