Standards reference materials and exhibits on a hearing table

Expert witness

Construction Industry Standards

Opinions on industry practice may draw on relevant education, training, experience, project records and other supported information, depending on the questions presented.

Industry-practice questions may draw on relevant experience, training and project records. The inquiry can examine customary construction and project-management practices and how contract-administration procedures operated in the circumstances.

An assignment may distinguish documented contract procedures, customary construction practice and alternative ways of managing the work. Their relevance depends on the project facts, records and question presented.

Construction-practice opinions may consider how contractors and project managers handled comparable administrative and field conditions. The analysis addresses the particular circumstances rather than treating an aspirational practice as a universal measure.

Project type, work conditions, timing, region, available information and the roles of participants can inform a practice assessment. A review can consider those circumstances alongside the conduct documented in the project record.

The administrative record may show how notices, change requests, schedules and payment submissions were handled. Those records provide practical context for opinions from a contractor project manager’s perspective.

The opinion can explain its factual basis, scope assumptions, competing information and limitations. A project-specific assessment may support a range of conclusions depending on the evidence.

Detail of construction assembly work being checked on site

Possible assignment considerations

In practice

  1. 01

    Frame the question precisely

    Establish what practice is at issue, in what kind of work, in what period and in what conditions.

  2. 02

    Examine what was actually done

    Assess the conduct in question against the project record rather than against a generalized expectation.

  3. 03

    Distinguish custom from contract

    Separate what ordinary practice required from what this contract obliged, and address each on its own footing.

  4. 04

    State the basis of the view

    Identify the experience the opinion rests on so it can be examined rather than merely accepted.

Considerations and limitations

Questions and limitations to consider

Aspirational practice and project circumstances

Measuring conduct against an ideal rather than against what a competent party would ordinarily have done.

Ignoring the circumstances

Applying a general expectation without regard to the work, period, region or conditions.

Sliding between custom and contract

Treating contractual obligations and customary practice as interchangeable.

Construction Industry Standards

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