I\u00a0had an idea recently about how\u00a0counsel can reduce the cost of forensic engineering investigation – in a planned way.\u00a0 Some of you are actually doing it now\u00a0but by default –\u00a0rather than by plan.\u00a0 You are defaulting to using your\u00a0professional engineer\u00a0as a consulting expert\u00a0rather than as a testifying\u00a0expert – but doing this years after you take the case (Ref. 1)<\/p>\n
My thoughts were driven by how counsel\u00a0are reacting to the\u00a0early costs of an investigation.\u00a0 Also how geotechnical engineering – a specialized field\u00a0in civil engineering,\u00a0reports on\u00a0the geotechnical investigation of\u00a0foundation soil\u00a0conditions.\u00a0 (I specialized in\u00a0geotechnical and foundation engineering work for quite a few years)<\/p>\n
Factual and interpretative reports in engineering<\/em><\/strong><\/span><\/p>\n Two types of report can be issued in geotechnical work: – a factual report<\/em> and an\u00a0interpretative report<\/em>.<\/p>\n (Stay with this; it does relate to civil litigation quite quickly)<\/p>\n A factual report<\/strong> gathers together all the data\u00a0from the\u00a0office, field, and laboratory investigations and submits this to the client – without analysis and interpretation.<\/p>\n An interpretative report<\/strong> analyses and interprets\u00a0this data and draws conclusions on the\u00a0foundation soil\u00a0conditions and their significance\u00a0to the design engineer.\u00a0\u00a0The latter\u00a0can be quite comprehensive, particularly if\u00a0foundation conditions are complex.<\/p>\n The cost of\u00a0a factual\u00a0is\u00a0easier to predict and control.\u00a0 The cost of\u00a0an interpretative report\u00a0is difficult to predict and control.\u00a0 Sometimes very difficult because you don’t know what you are going to find\u00a0at the site of\u00a0an\u00a0engineering failure or\u00a0accident\u00a0if you follow the evidence. (Ref. 2 and 3)<\/p>\n Geotechnical clients will actually specify the\u00a0type of report they want, a factual report\u00a0or an interpretative report.\u00a0 This is quite prevalent in the U.K. and followed at times in Canada and the U.S.<\/p>\n Factual\u00a0reports in civil litigation, by default; not so good<\/strong><\/em><\/span><\/p>\n I see something like this happening\u00a0now in civil litigation – counsel deciding on\u00a0a factual-type report or no report at all.\u00a0 But, driven by the shock\/surprise at\u00a0the cost of expert services and forensic engineering,\u00a0rather than\u00a0driven according to plan.\u00a0 Particularly when counsel did not confer with an expert at a very early stage of civil litigation and get a feel for these costs. (Ref. 1)<\/p>\n Counsel are sometimes deciding against further investigation when – I suspect, they see\u00a0investigative costs coming in\u00a0and the worth of the file to the firm being whittled away.\u00a0 They quickly default to using the professional engineer as a consultant rather than as an expert. (Ref. 1)<\/p>\n Factual\u00a0reports in civil litigation, by plan; good<\/strong><\/em><\/span><\/p>\n Counsel\u00a0ask for a preliminary report, a verbal report, or no report at all, relying instead on a verbal discussion of the findings.\u00a0 Some of this reporting is quite factual as opposed to interpretative. \u00a0This is quite okay, but much better if\u00a0it’s planned at the start of litigation rather than defaulting to this several years down the road. (Ref. 1)<\/p>\n References<\/strong><\/p>\n 1. How experts are retained in civil litigation is changing and the changes are good for counsel and the justice system.\u00a0 Posted May 1, 2014 http:\/\/www.ericjorden.com\/blog\/2014\/05\/01\/how-experts-are-retained-in-civil-litigation-is-changing-and-the-changes-are-good-for-counsel-and-the-justice-system\/<\/a><\/p>\n 2. A bundle of blogs: A civil litigation resource list on how to use a forensic engineering expert. Posted November 20, 2013 http:\/\/www.ericjorden.com\/blog\/2013\/11\/20\/a-bundle-of-blogs-a-civil-litigation-resource-list-on-how-to-use-forensic-engineering-experts\/<\/a><\/p>\n 3.Why the difficulty estimating the cost of forensic engineering investigation?\u00a0 Posted September 1, 2012\u00a0http:\/\/www.ericjorden.com\/blog\/2013\/09\/01\/why-the-difficulty-estimating-the-cost-of-forensic-engineering-investigation\/<\/a><\/p>\n","protected":false},"excerpt":{"rendered":" I\u00a0had an idea recently about how\u00a0counsel can reduce the cost of forensic engineering investigation – in a planned way.\u00a0 Some of you are actually doing it now\u00a0but by default –\u00a0rather than by plan.\u00a0 You are defaulting to using your\u00a0professional engineer\u00a0as … Continue reading