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Engineers may become involved in litigation for various reasons. Some common examples include product liability and accident investigation cases. The information and suggestions included in An Engineer in the Courtroom will enable engineers to do a proper and professional job when dealing with matters of litigation, in and out of the courtroom. Chapters Cover: Introduction The Nature of Accidents Why Go to Court? Avoiding Litigation The Litigation Process Engineers and Engineering Information How the Engineer Can Help the Attorney The Discovery Process The Deposition The Trial Questions Accident Reconstruction Definitions and Techniques Employed by Attorneys War Stories Tips for the Engineer Involved in Litigation An interesting, informative, "must-read" book for engineers involved in product design, consulting, or accident investigation, and an ideal reference for lawyers to have on hand to give to engineers serving as expert witnesses.
Sponsored by the Forensic Engineering Practice Committee of the Technical Council on Forensic Engineering of ASCE. This report provides the fundamentals of developing a practice that includes forensic engineering. Within the broad field of civil engineering, forensic engineering involves the investigation of performance, difficulties, or failures of buildings, structures, pipelines, foundations, airplanes, manufacturing equipment, vehicles, bridges, flood control facilities, and other engineered products. This report covers five general topics important to the practice of forensic engineering. "Qualifications" addresses commonly accepted education and experience requirements for forensic engineers. Various aspects of federal and state law are cited with an expanded section on admissibility. and disqualifications are discussed. "Investigations" shows the typical aspects of physically carrying out a forensic investigation, such as the handling of evidence for subsequent courtroom presentation. "Ethics" fulfills a professional charge to promulgate guidelines for ethical behavior of the forensic engineer. "Legal" gives a brief overview of the court system as it applies to the construction industry, including the role of the forensic engineer as an expert witness. "Business" describes the nontechnical management side of forensic engineering practices; the marketing of forensic engineering services within an acceptable ethical scheme is encouraged.
This collection marks the 150th anniversary of the Technology and Construction Court by presenting insights into its history and impact. The contributors are current and retired senior judges, renowned academics and leading construction and technology lawyers. The book draws on their different perspectives and approaches to showcase different aspects of the Official Referees and the TCC from its origins in the Judicature Act 1873 through to its modern-day role as an international leader in dispute resolution through litigation, arbitration and adjudication. Different essays consider the role of the TCC in procedural reform and the digital transformation of dispute resolution, building safety, and how it has impacted on doctrinal English law. The book also explores the lives and impact of notable Official Referees and TCC judges from the senior judiciary's perspective, with contributions by Lord Dyson on the transition from the Official Referees to the TCC, Sir Rupert Jackson on the Housing Grants, Construction and Regeneration Act 1996, Dame Finola O'Farrell on the TCC today, Sir Peter Coulson on Sir Brett Cloutman QC (a Senior Referee who was awarded a Victoria Cross) and Her Honour Frances Kirkham on the court's role in the regions. The creation of a specialist dispute resolution forum for complicated engineering, construction and technological disputes is a foundational milestone in the legal history of construction law in England and Wales. This collection offers a unique insight from the judiciary, practising lawyers and academics into the significance and development of the court.