The engineer as an expert witness: Perspective and performance

Abstract

In environmental‐claims litigation, an engineering expert can provide a perspective that links the opinions of all other professionals involved. No other group of professionals is charged with the responsibility for the evaluation and remediation of environmental contamination to the extent that the engineering profession is. Our profession ties together the regulatory interpretation, hydrogeologic analysis, cost evaluation, and construction details to provide an evaluation of what remedies are required, how much they should cost, and what events triggered the claim. The combination of knowledge and experience allows an expert engineer to understand and explain the story of the site and sequence of events, from the normal site operations and conditions, to the claim‐producing event, through the remediation of the problem. The incorporation of these technical elements can provide an accurate presentation and understanding of issues related to the expectation for a loss and the relationship of the loss to the terms of the insurance policy. In this article, the scope of the roles that engineers can play in the development of expert witness testimony are described. Incorporation of the engineering expert can enhance the presentation of the facts to determine whether the case should center on the expectation or intention of a loss or on the language in the insurance policy.