[CLC-Discussion] Pardon the Interruption

[Brown, Gary L.]

I have 2 questions concerning the required proof for a delay claim:


1)      Has anyone been involved in a state court proceeding where a party attempted to prove a critical path delay claim without a delay expert (i.e., without a retained 3rd party delay expert, or without using an employee of the plaintiff who was specially employed by that party as an expert on delay claims or who otherwise has the requisite knowledge, skill, training, education or experience in delay claims that would qualify the employee as an "expert")?

2)      Must a delay claim be presented using "expert" testimony, such that without an expert (either retained or specially employed), the claim must fail, and are you aware of case law that supports the answer.

P.S. If your answer to number 2 is no, don't tell any of the delay experts at the Institute. They may not want to sponsor again. :)

Please reply to me only. Thanks.


Gary L. Brown, B.C.S.
Attorney at Law
Board Certified in Construction Law
www.arnstein.com<http://www.arnstein.com>
ARNSTEIN & LEHR LLP

200 East Las Olas Boulevard
Suite 1000
Fort Lauderdale, Florida 33301-2299
Phone: 954.713.7615
Fax: 954.713.7715
glbrown at arnstein.com<mailto:glbrown at arnstein.com>
Accomplished lawyers who understand your goals.
Offices in Illinois and Florida

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