Can a Construction Cost Expert Testify to Facts He Observed While Working?

A judge in the Southern District of Florida was asked to hear a plaintiff’s motion in limine to exclude the opinion testimony of Defendant’s construction costs expert in a breach of contract case.

This case involved work Plaintiff performed at an apartment complex under two subcontracts with Defendant (“Projects”). Defendant entered into the contracts with Plaintiff for demolition and carpentry services. Defendant agreed to pay Plaintiff progress payments provided Plaintiff’s monthly payment applications provided detailed statements and percentages of completion it performed the prior month.

Plaintiff alleged that Defendant failed to provide any payment for work completed under three payment applications.

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