{"id":3506,"date":"2015-05-07T15:23:47","date_gmt":"2015-05-07T15:23:47","guid":{"rendered":"http:\/\/www.ericjorden.com\/blog\/?p=3506"},"modified":"2015-05-07T15:23:47","modified_gmt":"2015-05-07T15:23:47","slug":"forensic-engineering-practice-in-eastern-canada","status":"publish","type":"post","link":"http:\/\/www.ericjorden.com\/blog\/2015\/05\/07\/forensic-engineering-practice-in-eastern-canada\/","title":{"rendered":"Forensic engineering practice in Eastern Canada"},"content":{"rendered":"<p><strong>Abstract<\/strong><\/p>\n<p>Forensic engineering as routinely practiced in Eastern Canada is different from what\u00a0you might imagine.\u00a0 Not big, catastrophic failures and tragic accidents as reported in the press.\u00a0 Rather, often enough,\u00a0quite small\u00a0problems unworthy of notice to the public at large.\u00a0 Nor forensic engineering as\u00a0ideally described in text books.\u00a0 Rather, a little different and\u00a0with some warts and shortcomings.<\/p>\n<p>In the following, I describe what I have experienced over the years as\u00a0a professional engineer specialising in civil engineering and geotechnical engineering.<\/p>\n<p>Things break and fall down and people have accidents.\u00a0 Civil litigation sometimes results.\u00a0 Professional engineers are retained to find out why the thing broke or the accident happened\u00a0and explain in written reports to the justice system &#8211; as such, assuming the role of a forensic engineer.<\/p>\n<p>Lawyers retain us &#8211; those of us with certain key attributes, on behalf of the plaintiff or defendant.\u00a0 Occasionally this is done\u00a0when the merits of the case are\u00a0being assessed but too often\u00a0months or years later.<\/p>\n<p>I explain how civil engineers\u00a0can personally investigate many of the problems that develop in Eastern Canada.\u00a0 They\u00a0also sometimes function as lead investigators &#8211; `generalist&#8220; engineers, and\u00a0retain other specialists when they are not qualified for the problem.\u00a0 There are few experts in Eastern Canada who investigate the same type of problem day in and day out.<\/p>\n<p>(There&#8217;s a bulleted<strong>\u00a0Summary <\/strong>at the end of this item,\u00a0in addition to\u00a0the abstract)<\/p>\n<p><span style=\"color: #0000ff;\">Our\u00a0built environment doesn&#8217;t always work as it should &#8211; things break and fall down.\u00a0 People sometimes get hurt in this environment too\u00a0\u00a0<\/span><\/p>\n<p>Everything in our built environment is expected to be safe and to operate as designed.<\/p>\n<p>But when things do not function properly, such as:<\/p>\n<ul>\n<li>a\u00a0poorly maintained structure,<\/li>\n<li>foundation settlement of a swimming pool or building,<\/li>\n<li>a bridge failure,<\/li>\n<li>earthworks and landslides,<\/li>\n<li>a flood,<\/li>\n<li>vibrating buildings,<\/li>\n<li>traffic and slip and fall\u00a0accidents,<\/li>\n<li>a truck fuel oil spill,<\/li>\n<li>a leaking roof, or<\/li>\n<li>a wet basement<\/li>\n<\/ul>\n<p>we are reminded that things do not operate continually or forever.\u00a0\u00a0And that things are sometimes not designed and constructed properly nor are they completely safe. (Refs 1, 2 and 3)<\/p>\n<p>Civil litigation\u00a0sometimes results when this happens.<\/p>\n<p><span style=\"color: #0000ff;\">Engineers\u00a0explain to the justice system why things break and fall down<\/span><\/p>\n<p>Professional engineers are often retained by counsel for the plaintiff or defendant to investigate the cause of problems like these.\u00a0 Also\u00a0to identify and explain the associated technical issues to plaintiffs, defendants, counsel, judges, and juries.\u00a0 These parties are being asked more and more to believe and rely upon the opinions of experts.\u00a0 As such,\u00a0professional engineers practise as forensic engineers either as <em>consulting<\/em> experts or <em>testifying<\/em> experts. (Refs 1 and 4)<\/p>\n<p><span style=\"color: #0000ff;\">We explain in well written reports, seldom in court<\/span><\/p>\n<p>Today, after we complete our forensic investigation, we increasingly present\u00a0our findings and opinions in\u00a0a report according to civil procedure\u00a0rules like Rule 55 in Nova Scotia.\u00a0\u00a0Professional engineers\u00a0seldom go to court today since the advent of rules like this.\u00a0(Ref. 4)\u00a0 Nevertheless, we still\u00a0do\u00a0our work in\u00a0the event this will be necessary.<\/p>\n<p><span style=\"color: #0000ff;\">How we are retained, including the warts of the process<\/span><\/p>\n<p>We are most often retained when a lawyer calls asking to describe a problem, doing this,\u00a0and then responding to our questions about the failure or accident in our need to assess if we are qualified.\u00a0 Counsel\u00a0would most likely have learned of us by word of mouth or as a result of having some profile in the area.<\/p>\n<p>Too often we are retained months or years after an action has been started rather than at the time the merits and investigative costs of a case are being evaluated.\u00a0 But this is changing\u00a0as lawyers learn of the benefits\u00a0of retaining an expert early &#8211; serious cost benefits and better service to the justice system and the injured party. (Refs 5 and 6)<\/p>\n<p><span style=\"color: #0000ff;\">Key attributes of a qualified forensic engineer<\/span><\/p>\n<p>We would most likely be qualified as an engineer to investigate the\u00a0failure or accident\u00a0if we had the following key\u00a0attributes: (Ref. 1)<\/p>\n<ul>\n<li>Suitable education<\/li>\n<li>Training<\/li>\n<li>Experience<\/li>\n<li>Skill, and,<\/li>\n<li>Knowledge<\/li>\n<\/ul>\n<p>And performed our work,<\/p>\n<ul>\n<li>Accurately<\/li>\n<li>Objectively, and,<\/li>\n<li>In a professional manner<\/li>\n<\/ul>\n<p><span style=\"color: #0000ff;\">Another key attribute: Excellent report writing skills<\/span><\/p>\n<p>It&#8217;s also absolutely essential today in Eastern Canada, in light of new civil procedure rules, that an engineer have excellent report writing skills &#8211; and actually bulletproofs\u00a0his report. (Ref. 7)\u00a0 Where excellent testifying skills were\u00a0a key\u00a0requirement in the past, it&#8217;s report writing skills today.<\/p>\n<p><span style=\"color: #0000ff;\">Fees for forensic engineering services<\/span><\/p>\n<p>We charge for our services according to a published schedule of fees on our website.\u00a0 Contractors in Eastern Canada who are retained by a forensic engineer to do certain\u00a0specialized testing and construction work are charged at cost.<\/p>\n<p><span style=\"color: #0000ff;\">Failures and accidents are small to medium sized and diverse in nature, and experts are not always available in the area<\/span><\/p>\n<p>In general,\u00a0problems in the built environment\u00a0in Eastern Canada are diverse in nature with many and varied technical issues &#8211; seemingly no two are exactly alike.\u00a0(Ref. 8) They are also\u00a0small to medium sized &#8211; seldom collapses, fortunately, and certainly not newsworthy.\u00a0 Experts in the specific problem\u00a0are\u00a0not always\u00a0available in this area.<\/p>\n<p>For example, a lawyer in the U.S. enquired about finding an expert on string.\u00a0\u00a0He was advised that perhaps there may not be a &#8220;<em>string expert<\/em>&#8221; at large, and that perhaps a specialist trained in microscopy and hemp manufacturing technology may be of assistance. (Ref. 1)<\/p>\n<p>Closer to home, there are\u00a0probably no &#8220;<em>step\u00a0ladder with bent leg<\/em>&#8221;\u00a0experts\u00a0in Eastern Canada either, nor slip and fall experts where <em>the victim was walking backwards, <\/em>experts in <em>the bio-degradation of old oil spills by natural attenuation, <\/em>or experts in <em>vibrating buildings<\/em>.<\/p>\n<p>There are experts in Eastern Canada &#8211; civil engineers who know more than the lay public about how to investigate why something broke and fell down or an accident happened &#8211;\u00a0but not necessarily experts who investigate the same kind of problem day in and day out.<\/p>\n<p><span style=\"color: #0000ff;\">One engineer per problem<\/span><\/p>\n<p>In Eastern Canada, one professional engineer usually works on all aspects of the forensic\u00a0investigation\u00a0either because of some specialized knowledge, or because he is able to figure out the problem\u00a0by applying the scientific method and following established protocols. (Ref. 9)<\/p>\n<p><span style=\"color: #0000ff;\">The &#8220;generalist&#8221; engineer<\/span><\/p>\n<p>Some cases, because of the nature of the problem, involve the services of a &#8220;generalist&#8221; engineer or lead investigator rather than a &#8220;specialist&#8221; engineer.\u00a0 The engineer\u00a0advises the lawyer on the types of specialists needed for the team, selects them, and coordinates their activities. (Ref. 1)<\/p>\n<p>A professional engineer functioning as a lead investigator must have sufficient technical\u00a0knowledge of the problem to recognize\u00a0his technical shortcomings and\u00a0retain qualified assistance when the\u00a0failure or accident\u00a0investigation requires expertise\u00a0he doesn&#8217;t have. (Ref. 1)<\/p>\n<p>For example, I investigated the cause of\u00a0a soil-steel bridge failure on one occasion that permanently disabled a car driver.\u00a0 At different times during my investigation I retained the services of a land surveyor, a hydrologist, two engineers experienced with\u00a0corrugated steel structures &#8211; one in Ontario, the other in the U.S., and a metal detectorist.\u00a0 These specialists took part in the investigation in addition to my own specialties in civil engineering and geotechnical engineering.<\/p>\n<p><strong>Summary<\/strong><\/p>\n<p>That&#8217;s the nature of forensic engineering practice\u00a0as I have experienced it in Eastern Canada:<\/p>\n<ul>\n<li>We investigate and explain why\u00a0the built\u00a0environment sometimes\u00a0breaks and falls down, and why people sometimes have accidents<\/li>\n<li>We explain why the thing broke, and the relevant technical issues,\u00a0in a written report to the justice system, hence the label &#8220;forensic engineering&#8221;<\/li>\n<li>Lawyers retain us to do this, those of us with certain key attributes<\/li>\n<li>Most of the problems we investigate are small to medium sized, not catastrophic and newsworthy<\/li>\n<li>The cause of most problems can be figured out by an experienced civil engineer<\/li>\n<li>Sometimes he must wear his &#8220;generalist&#8221; engineering hat &#8211;\u00a0lead investigator hat,\u00a0and retain\u00a0one or more\u00a0specialists to investigate issues he&#8217;s not qualified to do<\/li>\n<\/ul>\n<p><strong>References<\/strong><\/p>\n<ol>\n<li>Lewis, Gary L. ed., <em>Guidelines for Forensic Engineering Practice<\/em>, 2003, American Society of Civil Engineers (ASCE)<\/li>\n<li>Greenspan, Howard F., et al,\u00a0<em>Guidelines for\u00a0Failure Investigation<\/em>, 1989, American Society of Civil Engineers (ASCE)<\/li>\n<li>Janney, Jack R., <em>Guide to Investigation of Structural Failures<\/em>, 1979, 1986, American Society of Civil Engineers (ASCE)<\/li>\n<li>How experts are retained in civil litigation is changing and the\u00a0changes are good for counsel and the justice system Posted May 1, 2014\u00a0\u00a0 <a href=\"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\/\">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><\/li>\n<li>Stockwood, Q.C., David, <em>Civil Litigation<\/em>, 2nd ed. 2004 Thompson Carswell,\u00a0Toronto<\/li>\n<li>Please, Counsel, retain an expert &#8220;early in the life of the case&#8221; Posted March 27, 2014 <a href=\"http:\/\/www.ericjorden.com\/blog\/2014\/03\/27\/please-counsel-retain-an-expert-early-in-the-life-of-the-case\/\">http:\/\/www.ericjorden.com\/blog\/2014\/03\/27\/please-counsel-retain-an-expert-early-in-the-life-of-the-case\/<\/a><\/li>\n<li>Mangraviti, Jr., Esq., James, J., et al, <em>How to Write an Expert Witness Report<\/em>, 2014, SEAK<\/li>\n<li>What do forensic engineers investigate in Atlantic Canada? Posted October 9, 2014 <a href=\"http:\/\/www.ericjorden.com\/blog\/2014\/10\/09\/what-do-forensic-engineers-investigate-in-atlantic-canada\/\">http:\/\/www.ericjorden.com\/blog\/2014\/10\/09\/what-do-forensic-engineers-investigate-in-atlantic-canada\/<\/a><\/li>\n<li>Steps in the\u00a0forensic engineering investigative process with an Appendix on cost,\u00a0Posted July 15, 2013 <a href=\"http:\/\/www.ericjorden.com\/blog\/2013\/07\/15\/steps-in-the-forensic-engineering-investigative-process-with-an-appendix-on-costs\/\">http:\/\/www.ericjorden.com\/blog\/2013\/07\/15\/steps-in-the-forensic-engineering-investigative-process-with-an-appendix-on-costs\/<\/a><\/li>\n<\/ol>\n<p><strong>\u00a0<\/strong><\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Abstract Forensic engineering as routinely practiced in Eastern Canada is different from what\u00a0you might imagine.\u00a0 Not big, catastrophic failures and tragic accidents as reported in the press.\u00a0 Rather, often enough,\u00a0quite small\u00a0problems unworthy of notice to the public at large.\u00a0 Nor &hellip; <a href=\"http:\/\/www.ericjorden.com\/blog\/2015\/05\/07\/forensic-engineering-practice-in-eastern-canada\/\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[1],"tags":[],"_links":{"self":[{"href":"http:\/\/www.ericjorden.com\/blog\/wp-json\/wp\/v2\/posts\/3506"}],"collection":[{"href":"http:\/\/www.ericjorden.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.ericjorden.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.ericjorden.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/www.ericjorden.com\/blog\/wp-json\/wp\/v2\/comments?post=3506"}],"version-history":[{"count":42,"href":"http:\/\/www.ericjorden.com\/blog\/wp-json\/wp\/v2\/posts\/3506\/revisions"}],"predecessor-version":[{"id":3560,"href":"http:\/\/www.ericjorden.com\/blog\/wp-json\/wp\/v2\/posts\/3506\/revisions\/3560"}],"wp:attachment":[{"href":"http:\/\/www.ericjorden.com\/blog\/wp-json\/wp\/v2\/media?parent=3506"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.ericjorden.com\/blog\/wp-json\/wp\/v2\/categories?post=3506"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.ericjorden.com\/blog\/wp-json\/wp\/v2\/tags?post=3506"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}