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Expert Witness

WHAT IS AN EXPERT WITNESS?

An expert witness is a person with special wisdom, proficiency, or understanding in a particular subject about which he/she is to bear witness. Testimony given by such a observer, in his/her capacity as such, constitutes expert evidence or expert testimony. 

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WHO WOULD NEED AN EXPERT WITNESS?

Persons problem solving with particular issues related to either faulty or neglectful work done by a contractor / sub contractor, material men or supplier of services related to the construction of a building or flawed or careless services provided by a home inspector.

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IF I'VE HAD A PROBLEM WITH A CONTRACTOR, WHAT SHOULD I DO?

First and foremost contact your Real Estate Attorney and until advised do not terminate your contractor.  Second keep an accurate record and timetable of all correspondence and there subject matter.  Keep calm and cool and try not to take the matter at hand personally, after all it is a business deal.  Most of all hire a professional inspector to examine the work and all documents.

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HOW DO I SELECT AN EXPERT WITNESS?
  1. Ask your attorney or check the Yellow Pages, Internet or ask friends.
  2. Questions to ask a potential Expert Witness: 
    1. Have you provided expert witness services in the past? 
    2. Have you ever testified in court, arbitration or mediation? 
    3. Do you have any licenses in the construction business?
    4. Do you have any inspector licensure or credentials ?
    5. Do you have a written contract and what are your fees?

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WHAT SERVICES CAN I EXPECT FROM AN EXPERT WITNESS?

Some of the services an expert witness provides depend on the type of case. Typically there are several types of complaints that are of a concern to clients, they are; defects or deficiencies, deviations from plans and specifications, punch list items not addressed, claims of lien, delay and warranty problems. An expert can review all of the contract documents, do a full evaluation of the property and render an opinion with written reports, pictures, calculate a dollar figure for cost to correct items and testify in court.  Each case must be taken individually. 

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HOW MUCH CAN THIS COST?

Most expert witnesses charge a set fee per hour plus travel and related expenses. Hourly fees will vary depending upon the type of case, and the experience of the expert witness. You can expect an hourly fee of between $100 and $200 per hour. In most cases, Fred Sylvester of Accredited Building Consultants, Inc. charges $ 175.00 per hour, billed at quarter hour increments. Most Experts will ask for a retainer, which can be $1,000.00 to $2,000.00 depending on the case.  Be sure your expert has a specific contract explaining exactly what their billing policy is. 

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ACCREDITED BUILDING CONSULTANTS, INC.
P.O. Box 61664
Fort Myers FL 33906
(239) 936-7579 (Voice)
(239) 980-3302 (Mobile)
Email: swflhomeinspection@comcast.net

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