Contracts for Construction and Engineering Projects
Getting the most out of expert witnesses
Getting the most out of expert witnesses1
33.1 When to brief an expert
The appropriate time to brief an expert in pending or actual litigation or arbitration will depend on a number of issues arising from the dispute. It also depends on what role the expert is required to fulfil – expert witness (“clean expert”) or technical expert member of the legal team (“dirty expert”). The distinction between these roles is fundamental; it must be clearly understood by the legal team, and it must be made clear in the brief to the expert.
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