Code Compliance, Established by Evidence

A building code expert witness determines whether the built conditions in a property met the building code that actually applied to the work, then explains those findings clearly to attorneys, insurers, judges, and juries. Paul Gaston, a licensed City of Chicago General Contractor with more than 30 years of field experience, evaluates documented and as-built conditions for both plaintiff and defense counsel throughout Chicago and Cook County.

Building code disputes turn on specifics: which code and edition governed the permit, what the code required for that occupancy and construction type, and whether the finished work matches those requirements. Paul approaches each matter the way a licensed contractor builds to code in the first place, by identifying the governing requirement, examining the records and the physical conditions, and comparing what was built to what the code called for.

His opinions rest on established, non-novel methods, documented conditions, and recognized references rather than theory. That foundation is what makes experience-based testimony admissible under the Illinois Frye/Donaldson standard and the federal Daubert standard, and it is why retaining counsel on either side of a case can rely on his findings to hold up through deposition and trial.

Code compliance questions reach far beyond a single trade. A dispute may involve flooring transitions, handrails and guards, stair geometry, egress-path elements, accessibility features, or the installation of fire-rated construction, each governed by its own code provisions and referenced standards. Paul documents each condition, ties it to the specific requirement that applies, and separates code-compliance questions that fall within his qualifications from engineering-design questions that belong to a licensed professional engineer or architect.

What Retaining Counsel Receives

Every engagement is built to support a clear legal outcome. Paul delivers organized, well-documented work product that attorneys and insurers can evaluate, produce, and rely on, whether the matter resolves in mediation, arbitration, or at trial.

Chicago Building Code Expert

Supporting Legal Outcomes With Evidence

Paul Gaston serves attorneys, insurers, owners, contractors, and associations on both sides of building-code disputes in Chicago and Cook County. His role is to provide clear, factual analysis of what the code required and what was built, not to advocate for a predetermined result. That independence is what makes his findings useful in negotiation and durable under cross-examination. To discuss a matter, request his CV and availability, or begin a conflict check, reach out through the contact options on this page.

How a Building Code Review Is Performed

  1. Identify the governing code: jurisdiction, adopted edition, local amendments, effective date, occupancy classification, and construction type for the matter.
  2. Review the records: permits, approved drawings, specifications, inspection records, correspondence, and prior reports.
  3. Inspect the as-built conditions and document them with measurements, photographs, and field notes.
  4. Map each observed condition to the specific code provision, listing, or referenced standard that applies.
  5. Document assumptions, limitations, and any conditions requiring a licensed engineer or architect, then prepare findings for report and testimony.

Frequently Asked Questions

What does a building code expert witness evaluate?

A building code expert evaluates whether the built conditions on a project meet the building code that applied to that work, including the governing edition, occupancy, and construction type. The analysis covers documented conditions, approved drawings, and the physical as-built result, and it stays within code-compliance questions rather than engineering design.

Do you work for both plaintiff and defense?

Yes. Paul Gaston accepts engagements from plaintiff and defense counsel, as well as from insurers and property owners. The methodology is identical regardless of who retains him: identify the applicable code, examine the evidence, and report the findings the facts support.

How is a code violation different from a construction defect?

A code violation is a condition that fails a specific building-code requirement, while a construction defect is workmanship or material that falls short of the contract, manufacturer instructions, or industry standard. Many disputes involve both, and Paul distinguishes the two so counsel can frame the claim or defense accurately.

Which areas around Chicago do you serve?

Paul is based in Chicago and regularly works matters in Chicago and Cook County, with availability for the surrounding Illinois counties. Because the governing code and amendments vary by jurisdiction, he confirms the applicable code for each location rather than assuming a single standard applies everywhere.

What makes experience-based code testimony admissible in Illinois?

Illinois state courts apply the Frye/Donaldson standard, which scrutinizes only novel scientific methods, while federal courts apply Daubert. Paul's opinions rely on established, non-novel methods, records review, field inspection, and comparison to codes and standards, and each opinion is tied to his license and documented experience, which supports admissibility under both.

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