The court, at a pre-trial conference in a construction lien action concerning a dairy barn, determined that expert evidence on construction costing was necessary to resolve disputes over "Extras" and their value.
Neither party intended to call experts.
Pursuant to Rule 52.03, the court ordered the appointment of an independent expert to inquire into and report on whether the claimed extras were outside the fixed-price contract and their value, with fees to be shared initially by the parties.
