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Stuart Sobel a partner at Siegfried, Rivera, Hyman, Lerner, DeLaTorre, Mars & Sobel, Miami FLA. Handout Photo 10-28-2015 Stuart Sobel a partner at Siegfried Rivera.

Earlier this year, the Florida Supreme Court reinstated the Daubert standard for evaluating and admitting expert testimony, after having abandoned it in favor of the Frye standard. The more stringent Daubert standard, which is used in federal courts and most state courts, requires that the court act as the gatekeeper, determining that proposed expert testimony is based upon scientific methods appropriately applied to the matter at hand, presented by appropriately qualified witnesses. The resurrection of the Daubert standard in Florida has the potential to increase the cost and time needed for litigating construction disputes, since Daubert challenges will now become the norm, rather than the exception.

Trial courts will employ a multi-factor test to determine whether experts’ methods are “scientifically reliable.” They will hold pretrial hearings on Daubert motions to determine whether experts will be limited in the scope of their testimony or excluded from testifying at trial.

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