The Use of Statistics in Construction Defect Defense
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- Created on Tuesday, 01 April 2003 00:00
Many laypersons (i.e. nonstatisticians) may appreciate the power of statistics and attempt to apply the basic principles, but it requires an expert to determine the proper use and interpretation with facts as complex as those in a typical construction defect case. It is all too easy to improperly plan the fieldwork, misinterpret the findings, fail to account for technical considerations in the data, or to insufficiently control bias. The use of statistics is a powerful tool to evaluate plaintiff’s evidence and to probe for weaknesses in it. In addition, where the defense may have a viewpoint on the case that differs from that of plaintiff’s counsel, cost-effective, robust defense strategies need a statistical foundation for the design of their field investigations, forensic analyses and conclusions.
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