Qualifications of a Forensic Engineer in Construction Defect Litigation

This post is part 1 of a 4-part series entitled “The Vital Role of a Forensic Engineer (Engineering Expert) in Construction Defect Litigation.” This article covers the qualifications of a forensic engineer. In Part 2, we’ll dive into their core skills in investigations and analysis. Part 3 explores construction litigation support and testimony. Finally, in Part 4, we cover how to choose a forensic engineer (and offer an interview guide).

Qualifications of a Forensic Engineer

When a property owner considers legal action due to construction defects or defective designs, the right engineer can turn a frustrating situation into a successful claim. Let’s explore why you need a construction claims expert, what makes a good forensic engineering expert, and their qualifications.

In this post…

1. Why a construction claims expert is needed
2. What licenses and credentials are needed
3. Specialized knowledge and experience
4. Court acceptance and credibility

Why You Need an Engineering Expert in Construction Defect Litigation

First, let’s cover why you need an expert. Construction defect litigation is a technical terrain. Whether it’s a residential home with sagging floors due to inadequate framing or a commercial space plagued by water intrusion from defective roofing, proving fault requires more than anecdotes. It demands scientific evidence. That’s where a forensic structural engineer steps in as your investigator and communicator. The engineer will bridge the gap between complex engineering principles and legal arguments.

In cases involving defective designs (e.g., plans that ignore local soil conditions leading to settlement) or construction defects (e.g., improper installation causing structural failures), the expert provides an unbiased analysis to establish liability. Without one, your claim risks dismissal for lack of substantiation. Courts in New Jersey, Pennsylvania, and Florida rely heavily on expert testimony under rules like Daubert standards. The reliability of scientific evidence is scrutinized. A strong expert not only validates your allegations but can accelerate settlements, as defendants often concede when faced with irrefutable data.

Key Qualifications for an Effective Forensic Structural Engineer

When selecting a construction defect expert, start with the basics. They must hold a professional engineering license (P.E.) in relevant fields like structural or civil engineering. They should be backed by advanced degrees and certifications (e.g., from the American Society of Civil Engineers). Look for membership in professional bodies that enforce ethical standards, ensuring impartiality.

But the qualifications of a construction claims consultant go beyond credentials. The expert witness should have specialized experience in construction forensics, with a portfolio of litigation cases. For instance, in our regions with variable soils, weather extremes, and hurricane risks in Florida, familiarity with local building codes (like the International Building Code adopted in PA, NJ, and FL) is essential. Avoid generalists; seek an investigative engineer who has handled defects in wood-framed homes, commercial steel structures, or condo associations under laws like New Jersey’s 2024 Condo Safety Law or Florida’s condo inspection requirements.

Prior Acceptance as a Construction Defect Expert Witness in Court: Building Credibility

In addition to the previously noted qualifications, court acceptance is a critical benchmark. An expert should have been qualified as such in prior trials or depositions. This demonstrates that their testimony meets legal thresholds for relevance and reliability. This “pre-qualification” reassures attorneys and judges of their expertise. Think of it as a proven track record that withstands cross-examination.

Experts who’ve testified in state courts carry weight. They’ve faced challenges on methodology and bias, emerging stronger. However, while important, court history is just one piece—it’s the expert’s real-world prowess that truly wins cases.

Penn Valley Engineering Offers Expert Witness Services

At Penn Valley Engineering, LLC, we have over two decades of experience serving residential and commercial property owners in South Jersey, Southeastern Pennsylvania, and Central Florida. Our engineering firm qualifies as construction defect consultants, holding relevant licenses, possessing specialized knowledge, and boasting a proven track record of trial acceptance and credibility.

If you are staring at a cracked foundation, persistent leaks, or other signs of construction defects in your home or building, you’re not alone. Defects like these, whether from poor workmanship, subpar materials, or flawed designs, can lead to costly repairs, safety hazards, and diminished property value. If you’re contemplating litigation, understanding the expert’s role can make all the difference. Hold responsible parties accountable. Call our main office at (856) 872-3537 or complete our contact form to get started. We don’t just inspect; we dive deep to uncover truths that strengthen your case.

Ready for a deeper dive? Check out Part 2: Core Skills in Investigations and Analysis to learn how experts pinpoint causes and faults.