Effective counsel should engage a consulting expert immediately upon the discovery of a defect on a project, the benefits of which include providing cost-effective representation that saves the client money and minimizes risk. A consulting expert can provide counsel and the client with creative solutions to address defects, thereby reducing remediation costs, litigation costs and any direct or indirect damages. Each of these reasons supports retaining a consulting expert early on in order to enhance the client’s overall prospects for a successful outcome both with respect to the integrity of the project and the resolution of any disputes.

Consulting experts can make contemporaneous observations of a defect and perform tests that may not be possible to replicate later. The expert can, in consultation with counsel, create the documentation needed to support an appropriate solution and enhance the likelihood of recovery. Additionally, within the appropriately established confines and privileges, an expert can conduct contemporaneous interviews with key personnel while their memories are still fresh and detailed. Of course, such experts can also help counsel and the client avoid being distracted by extraneous matters. When counsel retains a consulting expert early with respect to a defect, that expert can also identify what other experts may be necessary to arrive at solutions. The expert can help counsel develop an approach to address defects and outline the corresponding costs associated with each proposed solution. The expert can help counsel and client identify what is necessary, what is reasonable, and what may constitute, among other things, a betterment. 

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