Court Strikes Expert Opinion That Surety Acted as a “De Facto Contractor”

Striking bowling pins

One of the expert opinions the general contractor offered was that the subcontractor’s performance bond surety acted as a “de factor subcontractor.”

November 27, 2023
David Adelstein - Florida Construction Legal Updates

Designating and admitting experts is a vital component of any construction dispute. Many construction disputes require experts. Many construction disputes can only be won with the role of an expert. Thus, experts and construction disputes go hand-in-hand. No doubt about it! Time needs to be spent on developing the right expert opinions to support your burden of proof. This means you want to designate the right expert that can credibly and reliably render an expert opinion.

It is common for one party to move to strike the testimony and expert opinions of another party. This is referred to as a Daubert motion. Sometimes the motion is about gamesmanship. Sometimes it is to see how the judge rules on the issue. Sometimes there is a legitimate reason associated with the expert opinion. And, sometimes, it is a combination of the above. Regardless of the reason, parties know the weight expert opinions can have and, therefore, treat the opinions seriously prompting the Daubert motion.

Mr. Adelstein may be contacted at dma@kirwinnorris.com



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