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Cases Supported by our Expert Witness Services

Recent Testimony

Xpertes, LLC adv. Dale Cooper — Trial Testimony

In Dale Cooper v. Xpertes, LLC, Swainston Consulting Group served as the expert witness for all defendants, providing comprehensive expert analysis, written reports, deposition testimony,
and trial testimony that contributed directly to a full defense verdict. Swainston Consulting
Group was retained to evaluate the technical and professional issues raised by the Plaintiff and
to assess whether the Defendants met the applicable standard of care within their industry.
Through a detailed review of the record, including contracts, drawings, deposition testimony,
and industry practices, SCG developed clear, defensible opinions that the Defendants acted
reasonably and in accordance with accepted professional and industry standards throughout
their scope of work.

SCG’s opinions clarified the proper regulatory framework, explained why certain codes and
standards cited by the Plaintiff were not applicable, and demonstrated that the Plaintiff’s Experts lacked the necessary practical experience and factual foundation to reliably opine on the subject matter. This work narrowed the issues for trial and provided Defense Counsel with a
technically sound framework for cross-examination and case presentation.

Lane Swainston’s testimony was grounded in more than four decades of experience in
construction management, code administration, safety evaluation, and expert witness work on
behalf of public entities, private owners, contractors, and insurers. His background as a
Certified Building Official, licensed general contractor, and former senior public-sector
construction manager allowed him to explain complex technical issues in a clear, practical
manner that was accessible to the jury. By focusing on how the work at issue aligned with
established industry practices and professional standards, rather than abstract or inapplicable
criteria, his testimony reinforced the credibility of the defense position. The jury ultimately
returned a verdict in favor of all Defendants, rejecting the Plaintiff’s claims in their entirety,
reflecting the effectiveness of SCG’s expert analysis and testimony in supporting a complete.
defense outcome.

Linda Halko-Crossley v Las Ventanas; All American Repair Services, LLC

In Linda Maria Halko-Crossley v. HumanGood Nevada dba Las Ventanas at Summerlin; Dolores
Outram; All American Repair Services, Inc., Swainston Consulting Group served as the retained expert witness for the Plaintiff, providing expert analysis, deposition testimony, and trial
testimony that contributed to a verdict in favor of the Plaintiff. SCG was engaged to evaluate
whether the Defendants’ actions met accepted professional, construction, and safety standards
and to address issues of responsibility within the scope of licensed contracting, property
management oversight, and industry practice. Based on a comprehensive review of the factual record and sworn testimony, SCG developed opinions that established failures in workmanship,
supervision, and adherence to fundamental safety principles, which became central to the
Plaintiff’s presentation of the case.

Lane Swainston’s expert testimony was grounded in more than four decades of experience in
construction management, building code administration, premises safety, and expert witness practice. His background as a Certified Building Official, licensed general contractor, former
senior public-sector construction manager, and long-serving expert in code compliance allowed
him to clearly explain what competent professionals are expected to do when performing and
overseeing work of this nature. His testimony focused on industry norms, professional
responsibility, and the reasonable expectations of safety and care owed by licensed contractors
and property operators. By translating complex technical issues into clear, practical concepts
that were easily understood, his testimony reinforced the Plaintiff’s theory of liability and
credibility before the trier of fact, contributing to a favorable outcome for the Plaintiff and
demonstrating SCG’s effectiveness as a persuasive and reliable expert witness in high-stakes.
litigation.

Publications

Aspen, CO

What Owners Expect from a Construction Contract

Wilson Management Aspen Conference

Washington, DC

Successful Management of a New School Construction Program

National Construction Management Conference

(West Coast Casualty Conference)

The Use & Abuse of Sampling and Extrapolation in Construction Defect Lawsuits: Construction Defect Claims—Is Your Team Complete?

West Coast Casualty’s Construction Defect Seminar

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