NPPE Expert Witness and Dispute Resolution 2 — Questions and Answers
Question 1: What document does an expert witness typically prepare to summarize their findings and opinions before trial?
- A statutory declaration
- An affidavit of service
- An expert report (Correct answer)
- A statement of claim
Correct answer: An expert report
An expert report is the formal written document submitted before trial that sets out the expert's qualifications, methodology, and opinions.
Question 2: Which of the following best describes 'adjudication' as a dispute resolution method in construction engineering contracts?
- A voluntary process requiring consent of both parties at each stage
- A rapid, interim binding decision by a neutral adjudicator, allowing work to continue (Correct answer)
- A binding process that permanently resolves all contract disputes
- An administrative tribunal process governed solely by federal law
Correct answer: A rapid, interim binding decision by a neutral adjudicator, allowing work to continue
Adjudication provides a quick interim binding decision to keep projects moving, with parties retaining the right to final resolution through arbitration or litigation later.
Question 3: An engineer's expert opinion in court must be based on:
- The instructions provided by the retaining lawyer
- Reliable facts, accepted methodology, and the engineer's area of expertise (Correct answer)
- The opinions of other engineers hired by the same party
- Only direct physical testing conducted personally by the engineer
Correct answer: Reliable facts, accepted methodology, and the engineer's area of expertise
Expert opinions must be grounded in reliable facts and data, sound methodology, and must fall within the expert's recognized area of expertise to be admissible.
Question 4: What is the purpose of a 'joint statement of issues' between opposing expert witnesses?
- To publicly identify which expert is more qualified
- To identify areas of agreement and disagreement, narrowing issues for the court (Correct answer)
- To allow experts to share confidential client information
- To replace the need for expert reports
Correct answer: To identify areas of agreement and disagreement, narrowing issues for the court
A joint statement identifies agreed facts and narrows disputed technical issues, helping the court focus on genuine disagreements and making proceedings more efficient.
Question 5: In arbitration, what is the role of the 'arbitral tribunal'?
- To facilitate a negotiated settlement between the parties
- To hear evidence and arguments and render a binding award (Correct answer)
- To refer the dispute to a provincial court for final determination
- To provide non-binding recommendations for settlement
Correct answer: To hear evidence and arguments and render a binding award
The arbitral tribunal functions like a private court, hearing evidence and arguments and issuing a binding award that resolves the dispute.
Question 6: Why might parties in an engineering dispute prefer arbitration over court litigation?
- Arbitration always costs less than litigation regardless of complexity
- Arbitration allows for expert arbitrators familiar with technical matters, and awards can be kept confidential (Correct answer)
- Arbitration proceedings are always open to the public
- Arbitration decisions cannot be appealed under any circumstances
Correct answer: Arbitration allows for expert arbitrators familiar with technical matters, and awards can be kept confidential
Parties often choose arbitration for its confidentiality, ability to select technically knowledgeable arbitrators, and generally faster timelines compared to court.
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?
- Modify the opinion if the lawyer provides a reasonable explanation
- Refuse, as the expert's duty to give an honest opinion cannot be overridden by client instructions (Correct answer)
- Withdraw from the case and return all fees
- Seek a second opinion from another engineer before deciding
Correct answer: Refuse, as the expert's duty to give an honest opinion cannot be overridden by client instructions
An expert witness must resist pressure to alter opinions for client benefit; integrity and duty to the court require that opinions reflect the expert's genuine professional judgment.
NPPE Expert Witness and Dispute Resolution 2
What document does an expert witness typically prepare to summarize their findings and opinions before trial?