Questions and answers
The questions below come up in nearly every initial call. If yours is not here, call the office and ask. The first conversation is not billed.
What is a construction expert witness, and when do I need one?
A construction expert witness is retained to give opinion testimony on matters requiring specialized construction knowledge: whether work met the applicable standard, what caused a failure, how far damage extends, and what a proper repair will cost. You need one when a dispute turns on a construction question that a judge, jury, arbitrator or appraisal panel cannot answer from ordinary experience.
The practical trigger is usually a disagreement about the cost of repair. Once two parties have exchanged estimates that differ substantially, the matter will be decided by whichever cost opinion is better supported.
How early should a construction expert be retained?
Before repairs begin, without exception. The most valuable evidence in any construction or damage matter is the physical condition of the building itself, and that evidence is destroyed by the repair. Once the wall is closed up, every subsequent opinion is an argument about photographs someone else chose to take.
In litigation, retain early enough to permit a site inspection, agreed destructive testing, subcontractor bid solicitation and report preparation before the expert disclosure deadline. Compressed into a few weeks, that sequence cannot be done properly.
Do you work for plaintiffs or for defendants?
Both, and that is deliberate. We accept assignments from plaintiff and defense counsel, from insurance carriers and from policyholders, and from public agencies. Judicial appointments as impartial repair expert in San Diego and Orange County Superior Courts came from that record of taking work on both sides.
An expert who only ever appears for one side invites an obvious line of cross examination, and more importantly develops habits of mind that make the opinion less reliable.
What geographic area do you serve?
Our office is in La Mesa in San Diego County, and San Diego County is our primary market. We regularly take assignments throughout Southern California, including Orange, Los Angeles, Riverside, San Bernardino, Imperial, Ventura and Santa Barbara counties.
Travel is billed at the published mileage rate of $0.60 per mile with no premium. Assignments outside these areas are considered case by case. Call the office at (619) 464-3997 with the property location.
What makes a cost of repair estimate defensible?
Three things. First, a written scope of repair developed before any pricing, describing what work is necessary and why. Second, pricing traceable to an identified source for every line, whether that is a solicited subcontractor bid, a measured quantity, a current material cost or a stated production rate. Third, markups disclosed as separate line items rather than folded invisibly into unit costs.
An estimate produced by running software over a defect list, with no written scope behind it, cannot survive a competent cross examination and should not.
What is destructive testing, and who pays for it?
Destructive testing is the controlled removal of finish materials to expose and document concealed conditions: stucco and siding removal, roof test cuts, window and wall openings, and slab or foundation exposure. It is frequently the only way to determine the true cause and extent of a defect or a loss.
In litigation, testing locations and protocols are agreed among the parties in advance, all sides are invited to observe, and openings are restored afterward. Cost allocation is typically negotiated between the parties or set by the court. Our destructive testing and repair rates are published on the fee schedule.
What is the difference between an insurance appraisal and litigation?
Appraisal is a process built into most property insurance policies for resolving disputes about the amount of loss without going to court. Each side names an appraiser, the appraisers select an umpire, and an award signed by any two of the three sets the amount of loss.
The key limitation is that appraisal decides the amount of loss only. It does not decide whether the loss is covered. Coverage disputes are resolved through litigation. Confusing the two costs claimants a great deal of time.
Can you both estimate the repair and perform it?
Yes. We are a licensed California general contractor, CSLB #345079, in addition to providing consulting and expert services. Many clients engage us for the investigation and estimate, then contract with us to perform the repair.
Where we are serving as a testifying expert in active litigation, we discuss the implications of also performing the repair with counsel before accepting both roles, so the arrangement is disclosed and understood by everyone.
Do you handle small residential repairs?
Our practice is built around large and complex projects: commercial and institutional buildings, condominium and homeowner association communities, multifamily property, and significant single family losses and defect claims. That is where sixty years of experience and a published expert fee schedule actually earn their cost.
For a routine residential repair, a good local contractor will serve you better and cost far less. If you call us with a matter in that category, we will tell you so.
What does it cost to have you review a matter?
The initial call is not billed. Describe the property, the problem and the timeline, and we will tell you whether the matter is within our scope and roughly what an engagement would involve.
Beyond that, all work is billed at the published hourly rates on our fee schedule. A written engagement letter stating the scope, rates and terms is issued before any billable work begins. Call (619) 464-3997 or use the contact form.
Are you available for court appointed neutral assignments?
Yes. Judges in San Diego and Orange County Superior Courts have appointed this firm to serve as the impartial repair expert for the court. We accept those appointments and consider them among the most appropriate uses of this firm's experience.
Courts, mediators and appraisal panels needing a construction qualified neutral should contact the office directly.
What information should I have ready when I call?
The property address and type, a short description of the problem or loss, when it was discovered, whether any repairs have already been performed, whether litigation or an insurance claim is pending, and any governing deadlines.
If there are existing reports, estimates or photographs from any party, mention them. If repairs have not yet started, say so immediately, because that changes what we recommend you do next.
Still deciding whether to call?
Describe the property and the problem. If the matter is outside our scope or does not warrant this level of involvement, we will say so plainly and point you toward the right specialist. That conversation costs nothing.
Question not answered above?
Call the office and ask. The first conversation is not billed and we will give you a direct answer about whether this firm fits your matter.
- Direct(619) 464-3997
- Toll Free(800) 619-4833
- Office7777 Alvarado Road, Suite 408A
La Mesa, CA 91942 - LicenseCSLB #345079