NPPE Expert Witness and Dispute Resolution 2

Question 1

What document does an expert witness typically prepare to summarize their findings and opinions before trial?

Accepted Answer

An expert report

Answer

A statutory declaration

Answer

An affidavit of service

Answer

A statement of claim

Question 2

Which of the following best describes 'adjudication' as a dispute resolution method in construction engineering contracts?

Accepted Answer

A rapid, interim binding decision by a neutral adjudicator, allowing work to continue

Answer

A voluntary process requiring consent of both parties at each stage

Answer

A binding process that permanently resolves all contract disputes

Answer

An administrative tribunal process governed solely by federal law

Question 3

An engineer's expert opinion in court must be based on:

Accepted Answer

Reliable facts, accepted methodology, and the engineer's area of expertise

Answer

The instructions provided by the retaining lawyer

Answer

The opinions of other engineers hired by the same party

Answer

Only direct physical testing conducted personally by the engineer

Question 4

What is the purpose of a 'joint statement of issues' between opposing expert witnesses?

Accepted Answer

To identify areas of agreement and disagreement, narrowing issues for the court

Answer

To publicly identify which expert is more qualified

Answer

To allow experts to share confidential client information

Answer

To replace the need for expert reports

Question 5

In arbitration, what is the role of the 'arbitral tribunal'?

Accepted Answer

To hear evidence and arguments and render a binding award

Answer

To facilitate a negotiated settlement between the parties

Answer

To refer the dispute to a provincial court for final determination

Answer

To provide non-binding recommendations for settlement

Question 6

Why might parties in an engineering dispute prefer arbitration over court litigation?

Accepted Answer

Arbitration allows for expert arbitrators familiar with technical matters, and awards can be kept confidential

Answer

Arbitration always costs less than litigation regardless of complexity

Answer

Arbitration proceedings are always open to the public

Answer

Arbitration decisions cannot be appealed under any circumstances

Question 7

An engineer retained as an expert witness is asked by the retaining lawyer to change their opinion to favor the client. What is the appropriate response?

Accepted Answer

Refuse, as the expert's duty to give an honest opinion cannot be overridden by client instructions

Answer

Modify the opinion if the lawyer provides a reasonable explanation

Answer

Withdraw from the case and return all fees

Answer

Seek a second opinion from another engineer before deciding