The Use Of Extrapolation
In Constructuctuction Defectct Litigation
Presented By: Fred Webster, PE, Ph.D., Fred Webster Associates
and Geoffff Wood, Attorney, Ericksen Arbuthnot
The March presentation will discuss the meaning and use of the term “extrapolation,” and describe the various extrapolation methods used in construction defect cases. The intent is to explain how statistical extrapolation is developed and used in discovery, mediation and trial. Selection of your expert is the first key to your success. Whoever you select must be able to communicate with the trier of fact. To be effective you must be able to speak the language. You will be provided with a list of common statistical terms as well as various sources for additional information. Throughout the presentation we will refer to common examples of everyday use of extrapolation principles.
Since the overwhelming majority of the attendees will not be attorneys we will only touch briefly upon the applicable law that allows you as an expert to testify about statistical findings. Additionally the effective use of extrapolation is different for mediation/settlement than for arbitration/trial.
Most important to our presentation is to give you an outline of how to do it properly. We will start with framing the problem, the need for initial testing to understand the issues, using a statistician to select the appropriate sampling unit and define the population of sampling units to be investigated. We will then move to the issue of identifying the random sampling units from the population for inspection, investigating and recording the data obtained from the field, submitting the findings/data to the statistician in objective terms, and finally developing mathematical statements, i.e. probability statements of the results. From the defense side we will discuss how to defend against extrapolation evidence. Extrapolation is a valuable tool in plaintiff’s arsenal and it is very difficult to defend against if done properly. However, it is relatively easy to defeat if it is not done properly.
Fred Webster Associates is a long standing Westcon member and civil/structural engineer. His consulting company provides a broad range of engineering services to insurance companies, law firms, utilities, governmental and educational institutions, engineering and architectural firms, as well as individuals. With more than 30 years of professional experience in civil/structural engineering, and 14 years as an independent consultant, principal Fred has provided clients with structural analysis and design, applied probability and statistics, engineering forensic investigations and evidentiary extrapolation, expert testimony; quality assurance and control, research, structural testing, and seismic rehabilitation of historic structures.
Geoff Wood, also a long time Westcon member, is a partner in Ericksen Arbuthnot’s Oakland office and is a member of the Construction practice group. He has worked in the legal profession since 1976 and is AV® Peer Review Rated by Martindale-Hubbell. He has worked on and handled numerous complex litigation cases, focusing primarily on construction and premises liability issues representing owners, developers, general contractors and subcontractors in cases involving multi-tract single family residential developments, apartment buildings, condominiums, townhouses, and multi-story commercial buildings throughout Northern and Central California. Geoff has also defended and prosecuted express indemnity, breach of contract, license bond, and mechanic’s lien actions for individuals and companies in the construction trades.
Newsletter l Archive
Map and direction to Berkeley Yacht Club
March 19, 2014
6:15 - 7:00 pm
7:00 - 8:00 pm
8:00 - 9:00 pm
Berkeley Yacht Club
1 Seawall Drive
March 14, 2014
check, cash or pay online