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Construction Litigation Daubert/Frye Motions

Understand the requirements and applicability of Daubert/Frye standards in construction disputes.Getting expert testimony before the trier of fact is a process that should begin long before the trial. Starting with how to locate and choose the right expert, and moving into the management of expert testimony and reports, this information will lay a broad foundation for not only working with experts, but getting their opinions heard (and believed). Review the discoverability of communications between lawyers and their experts, and best practices for ensuring that your discussions with experts are not disclosed.
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Why Lorman?

Over 32 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

Identifying and Retaining the Right Experts
  • What Goes Into the Decision to Determine If an Expert Is Necessary?
  • At What Stage in the Litigation Should an Expert Be Retained?
  • What Is the Process to Identify and Retain an Expert?
  • Testifying and/or Non-Testifying Role(s)
Procedural Rules
  • Federal Rules
  • State Rules
  • ADR
Expert Reports and Presentations
  • The General Process for Producing an Expert Report
  • Is the Process Different for Expert Presentations at Mediations and Settlement Conferences?
Strategies to Consider When Taking/Defending Expert Depositions
  • Importance of Witness Preparation
  • How Best to Address Differing Viewpoints Between Attorney and Expert
  • How Best to Ask the Hard Questions
Expert Testimony at Trial or Arbitration
  • At What Stage of the Trial/Arbitration Is It Best to Put the Expert on the Stand?
  • How Do You Deal With an Expert That Is Uncomfortable or Inexperienced Testifying?
  • Daubert/Frye Motions
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Why Lorman?

Over 32 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

Audio & Reference Manual

  • AK CLE 1.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

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

MP3 Download

  • AK CLE 1.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

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

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Why Lorman?

Over 32 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

David R. Bones

David R. Bones

Kenrich Group

  • Managing vice president of Phoenix and LA offices of The Kenrich Group
  • Practice emphasizes all aspects of construction damages and project close-out, as well as forensic accounting and commercial damages matters
  • Worked with MGM on many large projects including the $9 billion City Center project in Las Vegas, and other MGM developments on the East Coast
  • Has consulted on behalf of Fortune 500 companies and others in various industries, including mining, gaming, energy, real estate development, homebuilding, shipbuilding, manufacturing, brewery, software, health care (hospital and insurance), grocery, specialty finance (subprime mortgage and auto), non-profit, financial institutions, and agriculture
  • Conducts regular seminars and workshops on working with experts, and methods of calculating economic damages
  • Co-wrote a chapter on working with experts in the Nevada Civil Practice Manual
  • Treasurer of the Arizona Small Business Association
  • B.S. degree in finance, Arizona State University; certificate in accounting, UCLA; certified valuation analyst
  • Can be contacted at 602-274-0286 or [email protected]
Clark T. Thiel, Esq., AIA

Clark T. Thiel, Esq., AIA

Pillsbury Winthrop Shaw Pittman LLP

  • Partner with the law firm Pillsbury Winthrop Shaw Pittman LLP and chair of its construction practice group and member of the firmís Insurance Recovery & Advisory practice, named by Law360 as a practice group of the year in 2015 and 2016
  • Registered architect in multiple states; licensed contractor in California
  • Advises and represents owners, developers, and contractors in the drafting and negotiation of design, construction and insurance agreements, and compliance with jurisdictional requirements for the performance of construction and design services
  • Provides advice and counselling with regard to troubled projects in the areas of cost overruns, delay and acceleration claims, construction defects, design liability, and insurance recovery
  • Represents public and private owners, developers, design professionals, general contractors and subcontractors in the resolution of disputes through litigation, arbitration and mediation
  • Can be contacted at 415-983-1031 or [email protected]
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Product ID: 404343
Published 2019
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