How to Choose the Right Architect Expert Witness

Architects are often retained as expert witnesses in potential lawsuits to substantiate the case of the party they will represent. These types of cases can vary.

Architects are retained in cases for the standard of care for services provided by other architects in the performance of their design on a project. They are hired to opine on construction defects, for trip and fall cases, and any other case that may have an impact from design or construction.

When selecting an architect expert witness, it’s essential to focus on a blend of technical expertise, credibility, and experience in litigation settings.

Factors to Consider When Choosing Your Architect Expert Witness

1. Has NO Conflicts of Interest

The first step is for your lawyer to determine that the expert witness has no conflicts of interest with the parties involved. An expert witness’ credibility will be challenged in court if a conflict exists. The credibility that you as the client has paid a healthy sum of money goes down the drain immediately.

2. Is a Licensed Professional

An architect as an expert witness needs to be a licensed professional. Does the licensure have to be in place for where the case is located? Perhaps, it depends on the case. It is important to know the expert witness has the proper credentials to opine on the case.

3. Technical Competency and Relevant Experience

Architects are asked to be expert witnesses because they have a perspective on what should be done relative to a standard of care.

Standard of Care is defined as how the practice of architecture is being performed by most architects generally in a specific geographic region. The law and practice do not expect perfection but does require that you have the same competency in the project type that other architects have in your area.

The architect’s area of expertise should align closely with the case's issues—whether it's residential, commercial, structural, or another specific area. They should have up-to-date knowledge of building codes, industry standards, and best practices. These things change over time, so the expert should be knowledgeable about current as well as historical standards, depending on the case’s context.

It is best to have the architect with some experience in similar cases, specifically with the scope and complexity of your case. Has the architect been in a deposition? Have they been on the witness stand in a trial experiencing a cross-examination where the opposing counsel will do their best to destroy your opinion? It is important that the architect can calmly stand the pressure that will be brought in the case.

4. Properly Investigates and Researches the Case

Before getting involved, you need to know how well the architect does their investigation and research into the case. Their skill in analyzing the case, what happened and why, can be the difference between winning and losing a case. 

The architect must be a minor Nostradamus—they need to be able to anticipate what the other side may be contemplating to offset their opinion.

They also need to be able to re-construct through investigative, critical thinking skills—understanding how the case got to where it is.

The skill in examining contracts, correspondence, drawings and other documents produced during the project is critical. They also need to be able to think on their feet as hypothetical situations will also be hurled their way. Being calm in these cases is essential. 

5. Presents the Case Clearly and Concisely

With the case being understood, the architect must have the ability to clearly and concisely present the case during the deposition or trial.

It is important, first that the architect be calm and speak easily about the facts and second, lose the architectural and construction jargon and speaking terms that the judge, jury, and attorneys can understand their conclusions of the case.

A good expert witness maintains a neutral and unbiased approach, focusing on facts rather than advocating for one side over the other. It may be the case that after performing the investigations, the architect may conclude that your client does not have a case. Impartiality is important so that the expert witness is not seen as a “hired gun” who will say anything for a dollar.

A well-respected architect with a solid professional reputation often carries more weight and is perceived as more credible by the court.

Architects are often chosen to be expert witnesses who are members of their state’s architectural licensing board. Board members are mostly appointed by the governor’s office of the state and are thoroughly scrutinized for their career. As a state board member, you ensure they adhere to a professional code of ethics, as this reinforces their credibility and integrity.

6. Fees Charged For Their Services

Lastly, consider the charges the architect will put forward for their services. Fees for expert witnesses can vary ideally. The more experience the architect has and the credentials to go with the experience, will usually result in a higher fee. Also their availability throughout the span of the case is crucial.

In summary, an ideal architect expert witness is one with strong qualifications and credibility, proven experience with similar cases, excellent communication skills, and an unbiased and professional approach to the litigation process. Taking the time to vet these qualities will help you choose someone who adds substantive value to your case.

If you have a project in mind, let's talk! From urban design to BIM, residential interiors to expert witness services, we’re here to help bring your vision to life.

About the author: Greg Burke, FAIA, NCARB is a St. Augustine, Florida based architect with more than 40 years in the profession and the President of Gregory John Burke | ARCHITECT, PA. He is licensed to practice in eight states. His career has touched on project types from porch additions to high rise towers. He is also a member of the Florida Board of Architecture and Interior Design.