42 LAWYER MONTHLY EXPERT WITNESS AWARDS 2025 cross-defendants. At the outset, I review each assignment for potential conflicts of interest and decline any if a conflict is identified. When responding to briefing questions and providing expert opinions, I ensure all statements are supported by relevant codes, standards, research, or other forms of evidence provided by the legal team. All assumptions should be outlined in the report and it is important to refer to the code that was in place at the time in question. Unfortunately, this is not always the case with expert witnesses, as I occasionally come across reports where the expert appears to advocate for the party that engaged them rather than providing an independent and impartial opinion. Building compliance and regulatory assessment are major areas of litigation. What are some of the most common compliance failures you encounter, and how do they impact legal cases? The litigation cases I am and have been involved in stem from various causes, including post-fire investigations, insurance claims, fire and life safety defects and combustible cladding. Fire safety defects are typically identified by experts and can impact multiple aspects of fire safety. Common issues include the incorrect use of materials, improper installation methods, missing fire stopping, and insufficient hose reel or hydrant coverage. Defects reports are often complex and extensive, with compliance and maintenance-related issues sometimes grouped together. However, distinguishing between these is crucial. For example, in a recent residential building defects claim, approximately 30% of the alleged defects were found not to be building defects—they were either compliant or the result of poor maintenance. Of the remaining 70% that were confirmed defects, around 26% could be rectified with alternative, more cost-effective solutions. This significantly reduced the original claim. Combustible cladding has been a significant issue in the building industry. What challenges do legal teams face in these cases, and how does expert testimony help clarify responsibilities? Combustible cladding matters are complex, placing both plaintiffs and defendants in difficult positions. Plaintiffs, typically building owners, are often required to remove or replace combustible cladding, even if it was compliant at the time of approval. Defendants, including property developers, builders, and other project team members, face legal action for installations that may or may not have met compliance requirements at the time. Expert witness input is critical in assessing liability, determining whether the cladding was compliant at the time of approval, and identifying which party or parties were responsible for any noncompliant design or installation. Given the high financial stakes in litigation matters—sometimes reaching hundreds of millions—how do you approach the complexity of largescale building defect and compliance disputes? Expert witnesses are not always privy to the size of the claim, as it is not relevant to our role in assisting the Court in making informed decisions. I have worked on claims ranging from $2 million to $750 million and approach all matters with the same level of care and diligence. In my view, an expert witness should
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