Who You Gonna Call (As A Witness)?

Construction disputes (as with any matters in litigation) rarely make it to trial. Matters typically settle or are resolved on a summary basis through written evidence alone. But if a matter proceeds to trial, where evidence via live witnesses is required, which people to call as witnesses is integral.

In construction, it is common that the individuals working on a particular project will no longer be working for the same company by the time a matter reaches trial. Whether to call that former employee as a witness raises potential issues of cooperation, faded memory, and general strategy for how to present a case in the most effective way.

Adverse Inferences and Daily Reports as Evidence