|
|
 Some disputes do end up in court. In these situations, a forensics expert can often help. The expert serves to educate the judge and/or jury about construction standards in each trade, the Uniform Building Code and manufacturers recommendations. Using models, resource books and demonstrations, the Building Consultants Group clarifies how construction materials are supposed to be used and function; this can prove why and what didnít work in a given project and why.
After 22 years as a court-designated forensics construction expert, Richard Russell says, ” I’ve been involved in cases which we’ve lost when we should have won, and, I’ve been involved in cases that we’ve won when we should have lost. A person who feels they’ve been wronged will not necessarily find ‘justice’ in a court of law. Frequently after some considerable expense and years of waiting, what you get with ‘your day in court’, is simply, a hearing…a chance.” I ask clients who look to the legal system for fair resolution of some complaint, “is it worth it to spend thousands of dollars and being preoccupied for a signficant percentage of ones daily adult life pursuing someone you “feel” has damaged you?” I ask this question not because I’m jaded, but, rather because I want my clients to be prepared.
The minutae in construction civil cases can be very unexciting but, nonetheless, overwhelming. The smallest and most obscure detail can be pivotal. Comprehending cross-discipline thinking, i.e., how different crafts and trades “interface” with each other can be essential. Demonstrating this convincingly in an adverserial setting can be daunting.
Ask any attorney, courtroom litigators are artists. There are so many variables.
Often Russell finds that builders don’t realize that quality standards exist, that they are printed out in black and white. Most frequently, he refers to the Uniform Building Code, the National Association of Home Builders (NAHB) Residential Construction Performance Guide and to the Architectural Woodworking Institute’s Quality Standards.
|
|