Sanford C. Loy, CCM, B.Arch, MSCE, principal of Construction Strategies, is a construction defect expert witness who brings four decades of experience and over one billion dollars of project work. He specializes in construction claim and dispute analysis services, specifically in concrete design and design-build. Sanford's experience covers every kind of building and design process, including high schools, churches, health centers, steel arches, fitness centers, and more. He offers wisdom and advice from his expert witness and construction background.
What is your professional background, and how did you become an expert witness?
In 2017, an attorney friend asked me to assist him on a construction case. After he won the case, he suggested I do more of it. He also referred me to his colleagues, and Construction Strategies was born.
What kinds of cases do you typically work on, and what types of attorneys or law firms seek your expertise?
I work on construction-related cases in which my 40+ years in responsible charge experience provide significant value. I work for both plaintiffs and defendants. My experience in every project delivery methodology used in today’s marketplace allows me to analyze discovery materials to trace the root cause of the conflict.
What kinds of documents do expert witnesses write?
I write reports for submission to local and federal courts. My main role is to help my attorney clients to win their cases using fact-based reporting. I include clear documentation, such as codes, pictures, measurements, field reports, and any source of communication that the parties generated internally.
How do you prepare to write an expert witness report?
After being retained, I digest all the discovery material available. Then I develop a plan with my attorney client based upon my findings and opinions from the discovery materials. I frequently require site visits to take pictures and measurements so I can determine the current status of the project in question. After the site visit and discussions with my client, I draft the actual report.
Why is it important to be a strong writer when you are an expert witness?
My number-one writing goal is to package cross-referenced documents in an easy-to-understand format. Knowing a jury or judge is going to make decisions based upon my reports (and potentially on my subsequent testimony) is always on my mind. I understand the information and work hard to allow the report to speak for itself. The aim is to communicate my team’s position and my opinions on material facts.
What's the most important element of an effective expert report?
It's crucial to make it as easy as possible for a layperson to understand the engineering and construction information in the report. I include drawing details, specifications, and pictures in an easy-to-follow trail within the report.
What surprising mistakes in an expert report can hurt your credibility?
Any opinion that isn’t fact-based may prove indefensible and will thus hurt any expert’s credibility.
What strategies or tools help you make your reports more persuasive and defensible in court?
I do have individuals who are not construction professionals kindly read my reports for readability and clarity. I take the time to package details such as any relevant building codes, drawing details, and submittal data as attachments and to cross-reference them where appropriate in order to support my conclusions and make them more credible.
What do you think about using AI in expert witness writing? Are there ethical methods for implementing it in your practice?
The only time I would use AI in my reporting would be to look for spelling and grammatical errors.
Because AI is prevalent, how valuable is it to execute good expert witness writing? Has AI changed the quality of expert witness writing?
Being old school, I think it will take some time for AI to be viewed as credible in expert witness reporting and testimony. The scope of information and experience needed to successfully develop a detailed report that is on point with my client’s goals would be difficult for AI to achieve in its current state of development. Given the rate at which AI is being developed, that may change.
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What role does reputation play in getting hired repeatedly as an expert witness?
Reputation is always an extremely critical element in expert witness services. Expert witnesses must also offer honesty, dependability, timeliness, accuracy, and both verbal and written skills if they want to meet the demands for an optimal and effective expert witness.
How does online visibility—like directories or profiles—help attorneys find you and evaluate your practice?
In today’s world, online presence and visibility are essential. That said, word of mouth referrals are the best path toward receiving consideration by potential clients, but online exposure broadens an expert witness’s reach.
Besides being an Experts.com member, do you self-promote your work and services (social media, newsletter subscriptions, etc.)?
I have a website, LinkedIn profile, and Facebook page where I post articles and information for potential clients to see.
What makes an expert witness credible to a judge or jury?
I believe professionalism, sincerity, and preparation are at the top of the list. Communication skills are essential but are not effective without proper preparation. Often, the time span between the submission of a report and a court appearance can be lengthy. Reviewing and becoming as familiar with your report and supporting documents on the day in court as you were when you wrote it is paramount to testifying in an effective and credible manner.
Have you ever had to revise a report after feedback that it wasn't clear or persuasive enough? What did you learn?
I always get feedback from my layperson resources, as well as from my client. Once, during a deposition, an opposing attorney was challenging my use of only one cost data source to develop a cost of construction difference over a five-year period. After the deposition, I went back and did the same analysis using an additional data source that the opposing counsel had suggested. My client submitted my additional study as an exhibit during my testimony and emphasized that using the data reference suggested by opposing counsel produced results that were even more favorable to my client's team. It actually gave more credibility to my original report.
Have lawyers told you that your writing samples played a role in selecting you as their expert witness?
To some extent. When being referred by one attorney to another, I have been told that the attorney for whom I had worked previously made a statement about my writing and reporting skills being effective.
What do you wish lawyers knew about working with expert witnesses?
I wish they recognized the time required to absorb large volumes of discovery material. Receiving five banker boxes of discovery material to review with a short deadline takes determination and focus and cannot be done any way but the right way. That means reviewing all the materials, not cherry picking.
What information do you wish lawyers would give you when initially contacting you about a potential engagement?
Their opinion on the amount of discovery that I need to review and how the discovery to date has affected their strategy for the case.
As an expert witness, do you think there is a disconnect between expert witness communities and attorneys and law firms?
With today’s online websites for expert witness searches, I don’t see any disconnect.
Have you built relationships with the attorneys and law firms you have worked with?
Absolutely. I want to establish a professional and respectful relationship with every attorney and/or firm I work for.
What do you think most experts underestimate about being "discoverable" to attorneys?
The power of internet presence on sites such as Experts.com. Being discoverable online is as essential as word-of-mouth referrals. I have even had local attorneys find me online.
Tell us about a published piece of work that you're most proud of and why.
I have authored several articles over the years. My article comparing various project delivery methodologies has been read more than any of my other articles.
What are the top 3 skills an expert witness must have for success?
To achieve success as an expert witness, professionals need relevant experience, professional credentials, and communication skills.
What's the most valuable lesson you've learned as an expert witness?
To be prepared, to anticipate being challenged by the opposing counsel, and to make sure you can answer questions quickly with backup documents in hand to support your opinions.
What changes would you like to see in the expert witness industry?
I want to see more accountability for experts who report whatever their attorney client directs them to, regardless of their true opinions.
About the Author
Sanford C. Loy, CCM, B.Arch, MSCE, is the principal of Construction Strategies. He is a construction defect expert witness who has completed over one billion dollars of construction projects in his over four-decade career. Sanford's litigation support includes owner / contractor dispute resolution boards, mediation, and arbitration, and he provides expert witness testimony if needed.
Visit Sanford's Experts.com profile and connect with him on LinkedIn.
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