{"id":3611,"date":"2015-06-18T17:10:00","date_gmt":"2015-06-18T17:10:00","guid":{"rendered":"http:\/\/www.ericjorden.com\/blog\/?p=3611"},"modified":"2015-06-18T17:10:00","modified_gmt":"2015-06-18T17:10:00","slug":"if-you-measure-it-you-can-manage-it-and-do-thorough-forensic-engineering-and-cost-effective-civil-litigation","status":"publish","type":"post","link":"http:\/\/www.ericjorden.com\/blog\/2015\/06\/18\/if-you-measure-it-you-can-manage-it-and-do-thorough-forensic-engineering-and-cost-effective-civil-litigation\/","title":{"rendered":"&#8220;If you measure it you can manage it&#8221; &#8211; and do thorough forensic engineering, and cost effective civil litigation"},"content":{"rendered":"<p>The\u00a0primary task\u00a0of a\u00a0forensic engineer is to investigate the physical causes of failures and accidents, and to explain\u00a0what happened\u00a0to counsel and the judicial system.<\/p>\n<p>Engineers and civil litigation lawyers do this\u00a0best &#8211; thoroughly and cost effectively,\u00a0with different measurements.<\/p>\n<p>The built environment, where the failures and accidents occur, is a physical place.\u00a0 It&#8217;s defined by dimensions &#8211; measurements.\u00a0 That&#8217;s the language of the built environment like words are the language of the judicial environment.\u00a0 Even the physical properties of the building materials &#8211; e.g., the strength of steel, the drainage characteristics of soil, are defined by measures of one kind or another.<\/p>\n<p><span style=\"text-decoration: underline;\"><em>Examples of different measurements &#8211; the language of the built environment<\/em><\/span><\/p>\n<ul>\n<li>The <em>property owner<\/em> wants a structure of some sort,\u00a0of a certain size\u00a0and shape and made of certain materials &#8211; as defined by different <em>measurements<\/em>.<\/li>\n<li>The <em>design engineer<\/em> designs the structure &#8211; specifies the size, shape and material properties\u00a0of the components with different <em>measurements.<\/em><\/li>\n<li>The <em>construction engineer<\/em> builds the structure &#8211; according to the different <em>measurements.<\/em><\/li>\n<li>The <em>maintenance engineer<\/em> ensures the structure can be used during its life by fixing or replacing components that break or wear out &#8211;\u00a0according to the original design <em>measurements<\/em>.<\/li>\n<\/ul>\n<p><strong>Good project management<\/strong> is a thread running through this design, construction, and maintenance process, made possible by different measurements.<\/p>\n<p><span style=\"text-decoration: underline;\"><em>More examples of different measurements<\/em><\/span><\/p>\n<ul>\n<li>Measurement of physical properties by feet and inches,<\/li>\n<li>Project schedule by date, days and hours, and,<\/li>\n<li>Project cost by dollars and cents.<\/li>\n<\/ul>\n<p>If a failure or accident occurs during any stage of this process then a lawyer might be consulted by one or more of the parties involved if they thought something went wrong that was not of their doing.<\/p>\n<p><strong>Good case management<\/strong> &#8211; would dictate that the lawyer would in turn confer with a forensic engineer about the investigation of the failure or accident.\u00a0 From this would come an estimate\u00a0&#8211; a measure,\u00a0albeit very approximate, of the cost of the forensic investigation.\u00a0(Refs 1, 2 and 3)\u00a0This estimated cost\u00a0would assist\u00a0the lawyer assess the merits of the case and his decision about taking it.<\/p>\n<p>The lawyer&#8217;s cost\u00a0effective management of the case would start at this point.\u00a0 He would assess if a damage award would cover his legal fees and expenses, the cost of the forensic investigation, and compensation for the parties involved.\u00a0\u00a0The lawyer\u00a0would take a measure of\u00a0whether or not the case\u00a0would be adequately funded.<\/p>\n<p><strong>If the case goes ahead, <em>the forensic engineer<\/em> <\/strong>would determine the nature of the structure before and after the failure or accident and what took place during the incident.\u00a0 His\u00a0work would consist of standard engineering investigations and follow-up investigations, and observations and\u00a0analyses throughout the process.\u00a0(Ref. 4)\u00a0 All supported by measurements of one kind or another.\u00a0 This measuring would enable a thorough\u00a0forensic investigation and good project management\u00a0of the investigation.<\/p>\n<p><strong>If the case goes ahead, <em>the lawyer<\/em> <\/strong>would\u00a0monitor the cost of the forensic investigation as it progressed.\u00a0\u00a0He would note\u00a0the developing costs and how they relate to the estimate. The engineer would assist by estimating and updating investigative costs at each stage as\u00a0accurately as possible\u00a0&#8211; taking their measure, and reporting these costs as directed by the lawyer.\u00a0 This monitoring would enable good case management and contribute to cost effective civil litigation.<\/p>\n<p>Counsel, the\u00a0judicial system and the injured party would be well served if\u00a0a case were measured and managed like this.<\/p>\n<p>Rather than poorly served as sometimes happens, when an estimate &#8211; a\u00a0measure, of\u00a0legal plus forensic\u00a0costs is not\u00a0made at the start by an experienced civil litigation lawyer and an experienced engineer.\u00a0 The investigation is stopped mid-investigation because of cost.\u00a0 Sometimes stopped so completely that the judicial system and the injured party never see\u00a0relevant technical data that could tip the scales one way or the other.\u00a0 Because, getting the data to the judicial system in a report is one of the\u00a0costs that would not have been\u00a0measured at the start.<\/p>\n<p>&#8220;If you measure it you can manage it&#8221;.\u00a0 And manage it\u00a0well if\u00a0the civil litigation lawyer and the engineer\u00a0begin estimating and measuring everything at the start when the merits of the case are being assessed.<\/p>\n<p><strong>References<\/strong><\/p>\n<ol>\n<li>Difficulty estimating the cost of forensic engineering investigation <a href=\"http:\/\/www.ericjorden.com\/blog\/2013\/07\/23\/difficulty-estimating-the-cost-of-forensic-engineering-investigation\/\">http:\/\/www.ericjorden.com\/blog\/2013\/07\/23\/difficulty-estimating-the-cost-of-forensic-engineering-investigation\/<\/a><\/li>\n<li>Why the difficulty estimating the cost of forensic engineering investigation? <span style=\"color: #1b8be0;\"><a href=\"http:\/\/www.ericjorden.com\/blog\/2013\/09\/01\/why-the-difficulty-estimating-the-cost-of-forensic-engineering-investigation\/\">http:\/\/www.ericjorden.com\/blog\/2013\/09\/01\/why-the-difficulty-estimating-the-cost-of-forensic-engineering-investigation\/<\/a><\/span><\/li>\n<li>Managing the cost of civil litigation <a href=\"http:\/\/www.ericjorden.com\/blog\/2013\/09\/19\/managing-the-cost-of-civil-litigation\/\">http:\/\/www.ericjorden.com\/blog\/2013\/09\/19\/managing-the-cost-of-civil-litigation\/<\/a><\/li>\n<li>Steps in the forensic engineering investigative process with an appendix on costs\u00a0<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","protected":false},"excerpt":{"rendered":"<p>The\u00a0primary task\u00a0of a\u00a0forensic engineer is to investigate the physical causes of failures and accidents, and to explain\u00a0what happened\u00a0to counsel and the judicial system. Engineers and civil litigation lawyers do this\u00a0best &#8211; thoroughly and cost effectively,\u00a0with different measurements. The built environment, &hellip; <a href=\"http:\/\/www.ericjorden.com\/blog\/2015\/06\/18\/if-you-measure-it-you-can-manage-it-and-do-thorough-forensic-engineering-and-cost-effective-civil-litigation\/\">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":[16,17],"tags":[],"_links":{"self":[{"href":"http:\/\/www.ericjorden.com\/blog\/wp-json\/wp\/v2\/posts\/3611"}],"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=3611"}],"version-history":[{"count":45,"href":"http:\/\/www.ericjorden.com\/blog\/wp-json\/wp\/v2\/posts\/3611\/revisions"}],"predecessor-version":[{"id":3711,"href":"http:\/\/www.ericjorden.com\/blog\/wp-json\/wp\/v2\/posts\/3611\/revisions\/3711"}],"wp:attachment":[{"href":"http:\/\/www.ericjorden.com\/blog\/wp-json\/wp\/v2\/media?parent=3611"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.ericjorden.com\/blog\/wp-json\/wp\/v2\/categories?post=3611"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.ericjorden.com\/blog\/wp-json\/wp\/v2\/tags?post=3611"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}