The credibility of an expert witness' testimony is mainly predicated on their ability to have an objective opinion.
I believe any contractor is a lot more than pleased to supply an estimate for services. It is firm belief and my experience that when tradesperson, subcontractor or a vendor is requested to provide a bid for work, that is exactly what will undoubtedly be delivered. Little consideration is given by the contractor, as to why they've been supplying the approximation. I consider the approximation to do services of a qualified contractor is not objective in any way. Really what may be more subjective?
If I were to ask a remodeling contractor or kitchen cabinet firm to arrive at my home and give me a bid for a brand new kitchen, that business man is more than happy to accommodate my request. The truth that my kitchen is only 5 years old and in very good working order, is of little interest to the company that is remodeling. If I wish to replace my kitchen, regardless of what reasons I have, I'll get a proposition for the new remodeling work and kitchen cabinets etc. That is an example of course; however the estimate, submitted supporting a claim and such a signs, is now deemed by a construction defect expert witness report.
Another example I frequently see is a contractor who submits a quote to remove and replace the outdoor stucco cladding on a residence. The stucco contractor is happy to provide a comprehensive quote to remove and replace outdoor stucco cladding to anyone. This approximation is afterwards submitted by way of a party to reveal evidence that the stucco is faulty; and the amount recorded in the quote is "how much it'll cost to repair the damages". The quote supplied by the contractor is that, an estimate. When the quotation is used by the parties as an objective specialist's evaluation of a potential defect, is when it becomes a misrepresentation.
Surely the stucco contractor is not concerned with difficulties which might exist using the existing stucco. An exterior siding merchandise is being sold by the stucco contractor and supplying an approximation per the request of the party. The stucco professional wasn't requested to render a professional opinion concerning the integrity of the prevailing stucco. Again, how objective can a businessperson providing a construction service be? Truly it adds a false credibility in a dispute regarding the integrity of the initial stucco work.
I consider some parties involved in disputes are not concerned in frank opinion and an expert's objective. They seem to be blinded by the issues and start to become obsessed with proving their point at all costs.
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