When a case involves a structural issue — a construction defect, a building failure, an insurance dispute, a personal injury on a damaged property — the outcome often turns on the quality of the expert engineering testimony. A strong expert witness can establish cause, quantify damages, withstand aggressive cross-examination, and carry a jury through technical material. A weak expert can sink an otherwise strong case.
This guide is written for litigators — plaintiff attorneys, defense attorneys, insurance counsel, and construction lawyers — who need to retain a structural engineering expert. It covers when you need a structural expert, what qualifications matter, what to ask before hiring, how multi-state licensing affects the engagement, and the red flags that should steer you away from a candidate.
Structural engineering expertise is essential in several categories of litigation:
The largest single category of structural expert witness work. Plaintiffs allege that a contractor, designer, or developer failed to build or design the structure to the standard of care. The expert examines the work, compares it to the applicable code and the contract documents, and forms an opinion about whether the alleged defects exist and whether they caused damage.
Condominium construction defect cases in Florida and the coastal Carolinas have been a dominant category of structural litigation for years. Commercial construction defect cases involving office buildings, warehouses, and retail structures are also common.
When a portion of a structure fails — a balcony, a roof, a wall, a parking garage — the expert investigates the cause. Was it a design error? A construction defect? A material failure? Inadequate maintenance? An overload event? These cases typically involve multiple experts (structural, geotechnical, metallurgical, materials science) and the structural expert coordinates across disciplines.
Property insurance claims involving structural damage almost always involve expert engineering. The question is usually about the cause of loss: was the damage caused by a covered peril (e.g., a storm), or was it caused by an excluded peril (e.g., long-term settlement, wear and tear, construction defect)? Expert reports determine coverage.
Disputes between owners, contractors, and building departments over whether work meets code. The expert reviews the work against the applicable code (IBC, IRC, state amendments, local overlays) and forms an opinion about compliance.
Cases where adjacent construction, blasting, vibration, dewatering, or similar activities allegedly damaged a neighboring property. The expert investigates whether the damage is consistent with the alleged cause and whether alternative causes are more likely.
Injuries caused by structural failures — balcony collapses, railing failures, stair failures, slip-and-fall cases involving uneven surfaces from settlement. The expert addresses the condition of the structure at the time of injury.
Any engineer can claim to be an expert. A few qualifications separate credible experts from problematic ones.
This is non-negotiable for most structural engineering expert work. A Professional Engineer license is granted state by state. The expert must be licensed in the state where the project is located — or at minimum, in a state with reciprocity that allows their testimony to be admitted.
Multi-state licensure is a significant advantage. Cases routinely involve multiple jurisdictions (a project in Florida, depositions in Georgia, a corporate defendant in North Carolina). An expert licensed in 28+ states — like Strut E&I’s principal engineers — can work across jurisdictions without the administrative complexity of reciprocal licensure applications.
Not every civil or PE-licensed engineer is a structural engineer. “Structural” is a specialty within civil engineering. Civil engineers who work on roads, utilities, or site development are rarely qualified to offer opinions on building structures. Verify that the candidate’s training and practice are in structural engineering specifically.
Forensic engineering is the discipline of investigating damage and failure. It’s a distinct skill set from design engineering. Design engineers build new structures; forensic engineers investigate what went wrong with existing ones. Expert witnesses almost always come from the forensic engineering side of the profession.
Ask: how many forensic investigations has the candidate conducted? What types? Have they worked on cases similar to yours?
Forensic investigation is necessary but not sufficient. An expert witness also has to be able to communicate findings clearly, withstand cross-examination, and hold up under Daubert/Frye scrutiny. Not every forensic engineer is good at this. Ask:
An engineer with strong forensic credentials but no courtroom experience can still be valuable on a case, but they should be retained early and given time to develop as a witness.
Complex cases often involve multiple technical disciplines. A strong structural expert can work alongside geotechnical engineers, code consultants, construction scheduling experts, damage cost estimators, and other technical witnesses. Ask about the candidate’s experience coordinating with other disciplines.
Expert reports matter. Cases are often decided on the strength of the written report — sometimes before a deposition ever happens. A structural expert who writes clearly, organizes findings logically, and distinguishes fact from opinion is significantly more effective than one who doesn’t. Ask for a sample report (anonymized, with client permission).
The scope of an expert engagement typically includes some or all of:
Retaining the expert early — ideally during pre-suit investigation, not after the complaint is filed — lets the expert document conditions before they change, collect perishable evidence, and shape the theory of the case.
A short list of questions that will quickly separate strong candidates from weak ones:
A few things that should make you reconsider a candidate:
Structural engineering cases regularly cross state lines. A developer in Georgia builds in Florida. A contractor in North Carolina sues a supplier in Tennessee. An insurance case involves damage across multiple properties in multiple states. In any of these scenarios, an expert licensed in all relevant states can:
Our principal engineer is licensed in 28+ states across the country, which allows us to handle multi-state matters directly. For cases confined to a single state, this is not a differentiator. For cases involving multiple jurisdictions — which is common in Miami, Atlanta, Nashville, and other regional hubs — it’s a meaningful advantage.
How much does a structural engineering expert witness cost?
Expert witness work is typically billed hourly with a retainer paid up front. Rates vary based on the expert’s experience and the case complexity. Some experts bill separate rates for deposition and trial testimony versus general case work. Always get the fee structure in writing before retaining.
What makes a good structural expert witness?
Technical competence is table stakes. Beyond that, the best structural experts combine forensic investigation experience, clear writing, confident communication under pressure, and a methodical analytical style. Juries trust experts who explain things patiently and clearly.
Can one expert handle both forensic investigation and testimony?
Yes, and it’s usually preferable. An expert who investigated the case from the beginning carries deeper knowledge into testimony than one brought in late. Be cautious about experts who do only one side of the work — some firms split investigation and testimony roles across different people, which can create continuity problems.
How far in advance should I retain an expert witness?
As early as possible. Ideally before a complaint is filed — during pre-suit investigation. Experts retained early can document conditions, preserve evidence, influence theory development, and avoid the scheduling pressure of last-minute engagements. Retaining an expert two weeks before a deposition creates problems.
What is a Daubert challenge in structural engineering cases?
A Daubert challenge is a motion to exclude an expert’s testimony on the grounds that their methodology is not scientifically valid or their opinions are not reliably applied to the case facts. For structural engineers, Daubert challenges typically focus on whether the expert used accepted analytical methods (codes, standards, peer-reviewed techniques) and whether their conclusions follow from the data.
Do expert witnesses need to be licensed in the state of the case?
Generally yes, for structural engineering matters. Rules vary by jurisdiction — some states have expert witness exceptions, others require full reciprocity. Confirm the specific state’s requirements before retaining. Multi-state licensed experts eliminate this concern.
Can I use an expert who testified against me in a prior case?
Yes — experts work for whoever retains them on a given matter. Prior case alignment doesn’t prevent future engagement unless there’s a specific conflict (e.g., the same project or the same parties). Most experienced structural experts have worked for both plaintiff and defense over their careers.
Need a structural engineering expert witness for a pending matter? Strut Engineering & Investment, Inc. provides expert witness services with PE-licensed engineers across 28+ states — including forensic investigation, written reports, deposition testimony, and trial support. Contact our expert witness team for a confidential case consultation.