In the event a residential construction project moves to a litigation, the attorney for the plaintiff is generally required to establish “liability” (the breach of a legal duty or obligation) and “damages” (the compensation or other relief awarded due to the breach of such legal duty or obligation). The “trier-of-fact” (i.e., the judge, jury, or arbitration panel) is then responsible for determining whether the plaintiff has established entitlement with a requisite degree of certainty (i.e., a “preponderance of the evidence”) and, if so, what type and amount of damages to award.
If it would assist the trier-of-fact in making such a determination, and if making such a determination requires scientific, technical, or other specialized knowledge beyond that ordinarily possessed by the average lay person, then expert consultant testimony is almost always required. Conversely, the defendant will almost always utilize expert testimony in an effort to dissuade the trier-of-fact from making a determination as to the liability and/or damages in favor of the plaintiff.
Each case is unique and may require varying levels of engagement for the expert consultant. These services may include the following commitments:
(1) discern and evaluate issues within their scope of expertise and retention;
(2) evaluate possible solutions and recommend appropriate courses of action;
(3) identify problem areas that necessitate additional evaluation;
(4) deliver work-products, such as expert reports, on time or ahead of time so that last-minute revisions and rework can be avoided;
(5) prepare for and provide persuasive testimony to support the positions stated in expert reports;
(6) provide an estimate of the fees and costs of the services to be provided, and render those services in reasonable proximity to such estimate;
(7) communicate with the attorneys frequently and respond to e-mails and calls in a timely manner; and
(8) take direction from the attorneys in terms of focusing on particular issues, collaborating with other experts, and preparing for depositions, hearings, and/or trials. Whereas the end goal of the attorney is to provide the best possible service for the client, the value of an expert is most readily determined by how much he helps an attorney achieve that goal while remaining fair, independent, and free of blatant bias.
Scott is familiar with residential construction standards and requirements imposed by local jurisdictions and is familiar with reviewing prospective projects, developing detailed scopes of work, preparing price estimates for work, reviewing subcontractor bids, drafting contracts, supervising the work to insure completion of the designated work, the performance of residential rehabilitation/renovation work and preparing billing and other accounting documents relative to the work and business of Biller & Associates, L.L.C.
Scott Biller can provide general fact and expert testimony related to the work performed by the entity, including work performed at the direction of the entity by its general contractor, in and about the Property that is the subject of litigation; the work required of the entity; the terms and conditions of the Agreement; the contract and addenda thereto between entity and its general contractor; the scope of work and obligations required of the entity under its contract on the Property; the performance of the entity’s work on the Property; the billing of the entity’s work on the Property; payment obligations under the terms of the Agreement; the work completed by the entity on the Property; the work not completed by the entity on the Property; the grounds for termination under the Agreement; the entity’s breaches of its obligations under the Agreement; and the entity’s breaches of its obligations as a licensed general contractor in Virginia.
Scott Biller has provided expert testimony during deposition proceedings based on his review and analysis of all relevant Property documents as disclosed during discovery to include but not limited to the following:
1. The performance and execution of work by the builder, and/or any third party contractors working at the direction of the builder, while on the Property did not comply with the requirements of the Agreement and the requirements of the Property;
2. That builder repeatedly failed to fully perform its work in accordance with the Property’s project requirements, the project schedule and/or in such a manner as to be able to comply with the project schedule and/or requirements;
3. That the builder ‘s invoices for the Property were over-stated and/or unsubstantiated;
4. That the invoices submitted to home buyer for processing did not accurately reflect either the amount of work actually completed or the approximate value of work completed or properly reflect the amount of work remaining to be completed by the builder at the time the invoice was submitted;
5. That the framing, roof trusses and shingles, set windows, and exterior doors were not substantially completed on or before the date invoices for such work was submitted to home buyer for payment;
6. That the rough-ins (including plumbing, mechanical, and electrical) and exterior items (including stone, brick, exterior trim, and gutters/downspouts) were not substantially completed on or before the date invoices for such work was submitted to home buyer for payment; and
7. That the builder’s work, including any work performed at the direction of the builder on the Property, was not done in a proper and workmanlike manner.
Scott Biller may also testify and respond to any opinions or other testimony offered by the builder’s witnesses, expert or otherwise. Mr. Biller’s opinions are based upon his education, training, skill, experience in the construction industry, his review and analysis of Property, his review and analysis of Property documentation surrounding the builder’s performance on the Property and the work and services performed and supplied by third parties.
Scott was professional and a pleasure to deal with from start to finish! He was available very last minute for a walk and talk consultation of a home we were looking to purchase. He was thorough, efficient, patient (we're first time home buyers), and really took the time to take our questions! Highly recommend Scott and Biller & Associates.
I referred my clients to Scott to do an inspection on a home they are purchasing. Scott was on time and extremely professional. I would recommend Scott to anyone who needs the services of a qualified Home Inspector who also conducts many other types of inspections.