Live Webinar

65-minute live streaming program
  • April 18
  • 1:00 - 2:05 pm EST

Also available as:

OnDemand Course

Daubert/Frye Motions in Construction

April 18

Gain insights into the criteria and methods for evaluating expert testimony under both the Daubert and Frye standards.

Construction litigation matters often rely on scientific evidence and expert witness testimony. This presentation will review best practices for working with expert witnesses and consultants in construction cases and will discuss the standards by which an opposing party may challenge the admissibility of your expert’s testimony under the Daubert standard, articulated by the US Supreme Court in 1993 and adopted in most states, and the Frye standard which has been used since 1923 and is still applicable in several states, including California and New York. Attendees will leave this presentation with a framework for engaging and working with expert witnesses and how to avoid having their testimony excluded under the Daubert and Frye standards.

Learning Objectives

  • You will be able to understand the significance of scientific evidence and expert witness testimony in construction litigation matters.
  • You will be able to identify best practices for effectively collaborating with expert witnesses and consultants in construction cases.
  • You will be able to explore the Daubert standard established by the US Supreme Court in 1993 and its application in challenging the admissibility of expert testimony.
  • You will be able to develop strategies for ensuring the admissibility of expert witness testimony and mitigating challenges based on the Daubert and Frye standards.

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Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Presenters Background
How Experts Are Used in Construction Litigation
  • Consulting vs. Testifying Expert
  • Address Liability Issues, Quantify Damages
Ten Steps to Working With Expert Witnesses and Consultants
  • Retain Your Expert Early
  • Thoroughly Vet Your Expert
  • Develop Ground Rules Early
  • Insist Upon Timely and Regular Communication With Your Expert
  • Use Your Expert’s Experience for the Benefit of the Client
  • Clearly Identify Your Expert’s Scope
  • Use Your Experts to Help With Opposing Witnesses and Discovery
  • Review Your Expert’s Work and Opinions With Your Client
  • Prepare With Your Witness Before Testimony
  • Always Keep Daubert/Frye in Mind
Daubert / Frye Challenges
  • Legal Bases
  • Process for Challenging Experts
  • How to Avoid Exclusion
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

Live Webinar Registration

  • AIA 1.0
     
  • Lorman Education Services is a registered provider of AIA-approved continuing education under Provider Number J2016. This course is approved for 1.0 Learning Unit hour(s). Prerequisite: None, Program Level: Intermediate: Advanced Preparation: None All registered AIA CES Providers must comply with the AIA Standards for Continuing Education Programs. Any questions or concerns about this provider or this learning program may be sent to AIA CES ([email protected] or (800) AIA 3837, Option 3). This learning program is registered with AIA CES for continuing professional education. As such, it does not include content that may be deemed or construed to be an approval or endorsement by the AIA of any material of construction or any method or manner of handling, using, distributing, or dealing in any material or product. AIA continuing education credit has been reviewed and approved by AIA CES. Learners must complete the entire learning program to receive continuing education credit. AIA continuing education Learning Units earned upon completion of this course will be reported to AIA CES for AIA members. Certificates of Completion for both AIA members and non-AIA members are available upon request.
     
  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.0
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.0
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
     
  • CT CLE 1.0
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
     
  • HI CLE 1.0
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 VCLE credit hours.
     
  • MN CLE 1.0
     
  • This program has been approved by the Minnesota Board of Continuing Legal Education for 1.0 hours of credit.
     
  • NH MCLE 1.0
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 60 Minutes.
     
  • NJ CLE 1.3
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.3 hours of total CLE credit.
     
  • NY CLE 1.0 including Areas of Professional Practice 1
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.0
     
  • This program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.0
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
     
  • VT CLE 1.0
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hours of CLE credit.
     
  • WI CLE 1.0
     
  • This program has been approved by the Board of Bar Examiners for 1.0 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.3
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
     
  • AK ENG 1.0
     
  • This program is applicable for professional development hours through the Alaska State Board of Registration for Architects, Engineers and Land Surveyors. Professional development hours: 1.0.
     
  • AL ENG
     
  • This program is applicable for professional development hours through the Alabama Board of Licensure for Professional Engineers and Professional Land Surveyors. Please note: The Alabama Board of Licensure for Professional Engineers and Professional Land Surveyors does not preapprove courses.
     
  • FL ENG 1.3
     
  • This course has been approved for 1.3 PDHs by the Florida Board of Professional Engineers in the Areas of Practice.
     
  • GA ENG
     
  • This program is applicable for professional development hours through the Georgia State Board of Registration for Professional Engineers.
     
  • IA ENG
     
  • This program is applicable for professional development hours for engineers. Please refer to Chapter 3, 193C IAC.
     
  • ID ENG 1.0
     
  • This program is applicable for 1.0 professional development hours through the Idaho Board of Professional Engineers and Professional Land Surveyors.
     
  • IL ENG 1.0
     
  • This program is applicable for 1.0 professional development hours through the Illinois Society for Professional Engineers.* *Please check the rules and regulations in your state for compliance.
     
  • IN ENG 1.3
     
  • This program is applicable for 1.3 professional development hours through the Indiana State Board for Professional Engineers.
     
  • KS ENG 1.0
     
  • This program is applicable for 1.0 professional development hours for engineers.* *Please check the rules and regulations in your state for compliance.
     
  • LA ENG
     
  • The Louisiana Professional Engineering and Land Surveying Board (LAPELS) no longer approves providers or courses. Lorman Business Center, LLC. feels that this course is worth 1.0 PDH(s). According to LAPELS' rules, It will be the responsibility of the licensee to determine if a Course/Activity offered by an unapproved sponsor/provider is an Acceptable Activity.
     
  • MD ENG 1.0
     
  • Lorman Business Center, LLC. is a board approved sponsor with the Maryland Board of Professional Engineers. This course qualifies for 1.0 professional development hours.
     
  • ME ENG 1.0
     
  • This program is applicable for a maximum of 1.0 hours toward the annual PDH requirement. Please note: The State of Maine Professional Engineers Registration Board does not pre-approve courses for professional development credit.
     
  • MI ENG 1.0
     
  • This course is applicable for 1.0 professional development hours for engineers in Michigan through the Michigan Department of Licensing and Regulatory Affairs Corporations, Securities & Commercial Licensing Bureau.* *Please check the department rules and requirements for compliance.
     
  • MN ENG 1.0
     
  • This course is applicable for a maximum of 1.0 hours toward the PDH requirement for engineers. Please note: The Minnesota State Board of Registration for Engineers has final authority on the acceptance of individual courses.
     
  • MO ENG 1.0
     
  • This course is applicable for 1.0 PDH's through the Missouri Board for Professional Engineers.
     
  • MS ENG
     
  • This course is applicable for professional development hours through the Mississippi State Board of Registration for Professional Engineers.
     
  • ND ENG 1.0
     
  • The North Dakota State Board of Registration for Engineers and Land Surveyors does not pre-approve courses or providers. This course may be applicable for professional development hours in your state. Please check your rules and requirements for compliance.
     
  • NE ENG
     
  • This course is applicable for professional development hours for engineers if the course is continuing engineering education for you.* *Please check the rules and requirements in your state for compliance.
     
  • NH ENG 1.0
     
  • This course is applicable for 1.0 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance. The New Hampshire Board of Engineers has final authority on granting approval.
     
  • NJ ENG 1.0
     
  • Lorman Business Center, LLC. is authorized as a provider to offer courses through the New Jersey Board of Professional Engineers. This course is applicable for 1.0 CPC credits for engineers. * *Please check the NJ State rules and requirements for compliance.
     
  • NM ENG 1.0
     
  • This course is applicable for 1.0 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • NV ENG 1.0
     
  • This course is applicable for 1.0 professional development hours through the Nevada State Board of Engineering and Land Surveyors.* *Please check the rules and requirements in your state for compliance.
     
  • OH ENG
     
  • This course is applicable for ethics continuing education credit for engineers through the Ohio State Board of Licensure for Professional Engineers provided it is a relevant managerial, ethical or technical topic relevant to the practice of engineering or surveying
     
  • OK ENG
     
  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • OR ENG
     
  • This course is applicable toward engineering continuing education hours in Oregon, please refer to your rules and laws.
     
  • PA ENG 1.3
     
  • This program is applicable for 1.3 PDHs for engineers through the Pennsylvania State Board of Professional Engineers, Land Surveyors and Geologists.* *Please check the rules and requirements in your state for compliance.
     
  • SC ENG 1.0
     
  • This course is applicable for 1.0 hours toward the PDH requirement for engineers through the South Carolina Board of Registration for Professional Engineers.* *Please check the rules and requirements in your state for compliance.
     
  • SD ENG
     
  • This course is applicable for professional development hours for engineers in South Dakota.* *Please check the rules and requirements in your state for compliance.
     
  • TN ENG
     
  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • TX ENG
     
  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • UT ENG
     
  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • VA ENG 1.0
     
  • This program is applicable for 1.0 hours of continuing education through the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects (APELSCIDLA BOARD).* *Please check the rules and requirements in your state for compliance.
     
  • VT ENG
     
  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • WI ENG 1.0
     
  • This course is applicable for a maximum of 1.0 hours toward the PDH requirement for engineers.* *The Wisconsin Engineer Section has final authority on the acceptance of individual courses and providers.
     
  • WV ENG 1.0
     
  • This course is applicable for 1.0 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

OnDemand Course

This course was last revised on February 14, 2019.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Who should attend?

This live webinar is designed for attorneys, presidents, vice presidents, contractors, subcontractors, engineers, architects, construction and project managers, developers, accountants, controllers, risk managers and other construction professionals.

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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Marc Coats, P.E. LEED AP

Marc Coats, P.E. LEED AP

Pillsbury Winthrop Shaw Pittman LLP

Marc Coats, Associate

  • Practiced in areas of Litigation; Construction Counseling & Dispute Resolution; Government Contracts & Disputes; International Arbitration; Real Estate Litigation
  • Specializes in resolving complex construction disputes, analyzing contractor claims, and drafting construction contracts
  • California-licensed civil engineer, member of the American Society of Civil Engineers, and LEED Accredited Professional
  • Over 10 years of experience as a construction manager and design engineer on public and private projects
  • Represents clients in a variety of legal matters related to construction projects, including infrastructure, renewable energy facilities, and residential/commercial buildings
  • Representative Experience includes litigating multimillion-dollar claims and representing both public agencies and private contractors
  • Recipient of the Wiley W. Manuel Pro Bono Legal Services Award (2019 – 2021)
  • Education: M.S., University of California, Berkeley, Engineering; B.S., San Francisco State University, Civil Engineering, Tau Beta Pi; J.D., University of California, Davis, Senior Articles Editor, UC Davis Law Review
  • Admissions: California
  • Can be contacted at [email protected] or 415.983.1058
Elaine Lee

Elaine Lee

Pillsbury Winthrop Shaw Pittman LLP

Elaine Y. Lee, Counsel

  • Practiced in areas of Litigation; Appellate; Commercial Litigation; Consumer Class Actions; Real Estate Litigation; Construction Counseling & Dispute Resolution
  • Represents owners, contractors, and design professionals in construction litigation and counseling, as well as clients in various litigation matters.
  • Experience in major construction projects, including public infrastructure and commercial buildings.
  • Proficient in all stages of dispute resolution, from claim development to trial in state and federal court and arbitration.
  • Representative Experience includes winning arbitration awards, state court litigation, and representing clients in consumer class actions and contract disputes.
  • Education: J.D., University of Southern California Gould School of Law, 2013
  • B.S., Washington University in St. Louis, 2008, Business Administration (Finance and English Literature)
  • Admissions: California
  • Can be contacted at [email protected] or 213.488.7237
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman

All of your training, right here at Lorman.

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Product ID: 411308
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