The expert should be familiar with the type of project at issue and the technical issues peculiar to the project. This will allow the expert to understand the roles and responsibilities of the various parties.

Further, the expert must be familiar with the customs and practices of the community of professionals involved with similar projects in similar conditions. This will help the expert to distinguish between a reasonable assertion and unreasonable assertion of a deviation from the standard of care.

Also, the expert must be familiar with different types of design and construction contracts at issue and the contractual obligations such contracts create.

B.    Knowledge of Accepted Scientific Methods

In addition to the above, the expert must use and employ scientific methods to come to his/her conclusions. An expert must also be able to develop or withstand a so-called “Daubert” or legal challenge, to the expert’s methods.  The qualified expert must be able to

• understand accepted testing procedures,

• analyze and interpret data from the testing,

• formulate conclusions based on the data, and

• critique other interpretations.

C.    Knowledge of the Legal Environment

Being a truly effective expert demands a working knowledge of the legal process. It is necessary for the expert to understand the different roles and the different standards of proof that apply to its consultation, depending on whether he/she is retained by the plaintiff or defendant.

A knowledge of the legal process, including which parties bear the burden of proof, will guide the expert through strategic issues such as what to put in writing, what to discuss with opposing experts, whether to retain the expert as a consulting expert, what type of testing the expert would recommend, and in what areas the expert’s ability to testify is limited.  
The expert should also have experience preparing for and participating in the mode of dispute resolution used—mediation, arbitration or trial.