Unveiling the Expert Witness Advantage

February 17, 2025

Why Ignoring Expert Witnesses Could Cost You Millions in Construction Disputes



In the world of construction, disputes are inevitable. Whether it’s cost overruns, project delays, or disagreements over quality of work, construction disputes are part of the industry. But the secret weapon in avoiding financial disaster and securing your project’s success? Expert witnesses. They’re the game-changer your project needs, especially in the high-stakes world of construction cost estimation, claims, and disputes.


As The Primestone Group continues to support owners, A&E firms, and construction law firms, we know how pivotal an expert witness is in making the difference between a favorable settlement and a costly, prolonged battle. The need for these experts has never been greater and if you’re not considering expert testimony in your project’s disputes, you could be missing out on serious wins.


1. Over 70% of Construction Disputes Need Expert Testimony! 🚨

Did you know that over 70% of construction disputes are resolved with the help of expert testimony? According to a report by the National Association of Construction Auditors (NACA), cost-related disputes like delays, extra costs, and defective work claims are only successfully settled when experts weigh in.


2. $22.5 Billion: The Price of Construction Disputes Globally!” 💸

Construction-related disputes account for a global market worth $22.5 billion annually, and many of those cases are settled with expert witness input. Experts help courts, mediators, and arbitrators untangle the complex web of costs, schedules, and contracts, making the entire process more efficient and financially savvy.


3. The London Crossrail Project: A Prime Example of Why Experts Matter 🚧

The London Crossrail project’s $300M cost overruns and delays were only resolved after expert testimony was provided in arbitration. An expert provided key insights into mismanagement and lack of proper oversight, helping avoid even greater financial repercussions. This is the power of bringing in experts early.


4. The Proof Is in the Numbers: You Have a 82% Better Chance of Winning With an Expert 🏆

In fact, when construction disputes involve expert witnesses, the chances of securing a favorable settlement increase dramatically. 82% of claims related to project delays and 75% of cost disputes have a much higher chance of success when expert testimony is involved. If you want to maximize your dispute's chances of success, an expert is a must-have on your team.


5. Arbitration and Expert Witnesses: A Winning Combination ⚖️

Did you know that 60% of construction disputes are resolved through arbitration? When arbitration comes into play, expert witnesses become absolutely essential in providing clarity, facts, and analysis. Without them, the decision-makers are left in the dark—and your project may suffer for it.


Expert Witnesses: Your Secret Weapon for Focusing Legal Arguments and Strengthening Claims

When you work with an expert witness, you’re not just getting someone to testify in court; you’re getting a valuable partner in your dispute resolution process. Expert witnesses work hand-in-hand with legal teams, providing the necessary construction-specific knowledge to refine the arguments and focus on the most critical issues in a claim. Their ability to break down complex technical problems and offer clarity makes the whole process much more efficient and focused, helping legal teams to craft stronger arguments that will stand up in court.


This collaboration is what makes Primestone stand out in the industry. We understand that expert testimony is a crucial component of your defense, and we work alongside your legal team to provide a clear, concise, and evidence-backed narrative that supports your position. Our experts help identify where the real issues lie, making your case more compelling and ultimately, more successful.


Get Ahead of the Game and Invest in Expert Witness Services

Expert witnesses are a necessity, not a luxury. They provide the technical expertise to navigate complicated disputes, enhance your legal position, and improve your chances of securing a favorable outcome. Whether it’s cost estimation, damages evaluation, or contract analysis, expert witnesses are the key to winning in construction disputes.


As the construction industry grows in complexity and size, the demand for experienced experts will continue to rise. Those who understand the value of these professionals, and bring them in early, will be the ones who successfully navigate these challenges and emerge unscathed. So, don’t wait until your project is mired in dispute—bring in an expert witness now to protect your interests and secure your future.

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The construction industry is continuing to rush toward sustainability, and for good reasons. Green hydrogen projects, carbon-neutral goals, and net-zero initiatives are changing the landscape of construction and infrastructure development. But beneath the momentum is a quiet truth: sustainable projects carry risks that are often underestimated or misunderstood. For example, new technology, unproven systems, aggressive timelines, and evolving regulations create a risk profile unlike anything seen in traditional construction. Some projects are becoming R & D hot beds. Ignoring these realities is not just a strategic mistake. It is a financial and operational one. Real-World Complexity: Lessons from Green Hydrogen Projects Consider the Intermountain Power Project in Utah, a major initiative transitioning a coal-fired power plant to a green hydrogen hub. The project is pioneering in scope and ambition, but it also highlights several unavoidable realities: Green hydrogen production and storage at this scale are untested over long timelines New transmission systems must integrate with older infrastructure Future-proofing contracts and risk plans must account for technologies that are still evolving Labor, materials, and supply chains are more volatile than traditional builds A new type of skilled labor is required to construct, test and commission these types of projects These are not problems of technical execution alone. They are strategic project risks that must be recognized, modeled, and managed early. Where Sustainable Projects Face Hidden Risks Sustainability goals add layers of risk that traditional project delivery models are not designed to handle. Key areas include: Technology Uncertainty Many green technologies such as hydrogen, carbon capture, and advanced storage are not yet proven at commercial scale. Forecasting performance, maintenance costs, and long-term reliability carries significant uncertainty. Capital Cost Volatility Specialized materials and systems are subject to extreme price fluctuations. Inaccurate early estimates or unrealistic escalation assumptions can undermine project financing and viability. Schedule Disruptions Sourcing renewable energy inputs, specialized components, and skilled labor often extends lead times and introduces new dependencies. Aggressive timelines set during the planning phase can quickly become unrealistic. Regulatory Shifts Policy environments for green energy are rapidly evolving. Regulatory delays, permitting issues, and changes in incentive structures can disrupt projects midway. Dispute and Claims Potential Complexity breeds disputes. As technologies change mid-project or new risks emerge, contract interpretation and scope management become flashpoints for potential claims. What High-Performing Green Projects Get Right Successful sustainable projects are not just well-designed. They are well-prepared. Leading developers and owners are implementing risk management strategies that include: Detailed risk workshops at feasibility and pre-construction stages Early involvement of all project stakeholders including regulatory bodies and permitting officials Adaptive contracting models that anticipate technology shifts Integrated project controls that monitor evolving cost and schedule risk Realistic scheduling buffers based on emerging supply chain realities Early identification of potential claims exposures and dispute resolution frameworks Adequate contingency planning in terms of costs, alternative solutions and schedule criteria Risk is no longer a static checklist. It is a dynamic, ongoing exercise that requires expertise, discipline, and constant recalibration. Looking Ahead: Building Smarter, Not Just Greener The future of construction will absolutely be greener, but building smarter requires recognizing that innovation without discipline is a liability. Sustainability must be matched with rigorous project planning, expert risk analysis, and contractual structures flexible enough to manage uncertainty. Projects like Intermountain show what is possible. They also show that success is about more than ambition. It is about understanding where the real risks lie and having the operational expertise to manage them before they become crises.
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