{"id":4874,"date":"2016-07-05T15:01:08","date_gmt":"2016-07-05T18:01:08","guid":{"rendered":"http:\/\/www.ericjorden.com\/blog\/?p=4874"},"modified":"2016-07-05T15:01:11","modified_gmt":"2016-07-05T18:01:11","slug":"an-experts-fees-and-forensic-engineering-investigation","status":"publish","type":"post","link":"http:\/\/www.ericjorden.com\/blog\/2016\/07\/05\/an-experts-fees-and-forensic-engineering-investigation\/","title":{"rendered":"An expert&#8217;s fees and forensic engineering investigation"},"content":{"rendered":"<p>The following describes the different fees &#8211; the hourly\u00a0billing rates, charged by professional\u00a0engineers\u00a0for\u00a0consulting services in Nova Scotia.\u00a0 It&#8217;s important for you to\u00a0know about\u00a0these because many forensic experts are professional engineers. Time\/fee based billing is\u00a0also the best way of\u00a0overcoming the uncertainties in\u00a0forensic investigation without jeopardizing the quality of the investigation.\u00a0 It&#8217;s also the best way of monitoring the cost of civil litigation.<\/p>\n<p><strong>Consulting fees reviewed bi-annually by CENS<\/strong><\/p>\n<p>I thought of\u00a0sharing this with you\u00a0after attending the annual general meeting (AGM) of the Consulting Engineers of Nova Scotia (CENS)\u00a0last month.\u00a0 I&#8217;m a past president of the Society.\u00a0 CENS is a registered Society representing the majority of consulting engineers in Nova Scotia.\u00a0 It&#8217;s a member-organization of a Canada-wide association of consulting engineering firms.\u00a0 There are 62\u00a0firms\u00a0registered with CENS this year, and another firm has just applied for membership.<\/p>\n<p>CENS reviews billing rates bi-annually and suggests average rates like those below\u00a0\u00a0 that are representative of those charged by members for different levels of responsibility. (Ref. 1)<\/p>\n<p><strong>Time\/Fee-based forensic investigations ensure quality<\/strong><\/p>\n<p>Time-based methods of billing overcome the many uncertainties that exist at the start of an\u00a0engineering project &#8211; and often as a project progresses, particularly if construction is involved.\u00a0 A forensic engineering investigation of the cause of a failure or a personal injury accident is an engineering project with a lot of uncertainties.\u00a0 Not least are unknown follow-up investigations.<\/p>\n<p>I surveyed consulting engineering fees a few years ago and found similar rates elsewhere in Canada and the New England states\u00a0to those charged in Nova Scotia at the time.\u00a0 I suspect you would find similar rates elsewhere in Atlantic Canada today.<\/p>\n<p>Principals, specialists and senior engineers rendering individual services on assignments for which they are\u00a0particularly well\u00a0qualified could be billed at higher rates than those shown\u00a0(about 25% higher in New England).\u00a0 Such assignments include forensic engineering investigation and\u00a0providing expert testimony (Refs 1, 2)<\/p>\n<p>Often enough, justice can&#8217;t be served until the technical issues are resolved,\u00a0nor a party&#8217;s case argued effectively.\u00a0\u00a0A case often hinges on the outcome of the forensic investigation &#8211; argument enough for retaining an expert early.\u00a0\u00a0It&#8217;s critical that it&#8217;s well done by an\u00a0experienced engineer.\u00a0\u00a0The fees are understandably higher as a result considering the responsibility borne by the engineer.<\/p>\n<p><strong>Monitoring costs<\/strong><\/p>\n<p>When a forensic investigation is initiated on a time and expense basis, it&#8217;s important that Counsel or the claims consultant monitor costs closely without jeopardizing the quality of\u00a0the services.<\/p>\n<p>This can\u00a0be done &#8211; monitor costs and maintain quality at the same time &#8211;\u00a0by understanding\u00a0the stages\u00a0involved in an investigation and the roles an expert can take. (Ref. 3)\u00a0 You can do this\u00a0in\u00a0less affluent cases &#8211; the norm in Atlantic Canada, as well as in\u00a0the more affluent.\u00a0(Ref. 4)<\/p>\n<p>It helps to recognize that the great majority of cases don&#8217;t go to trial\u00a0&#8211;\u00a0I understand more than\u00a095% &#8211;\u00a0they stop at the expert report stage, or a little before the written report.<\/p>\n<p>It&#8217;s also important to understand\u00a0that the cost of some of the many stages of a forensic investigation\u00a0are difficult if not\u00a0impossible to estimate.\u00a0(Refs 5, 6 and 7) \u00a0Then there\u00a0are sometimes completely unknown follow-up investigations.\u00a0 In situations like this it&#8217;s important to monitor costs at each stage.\u00a0 There&#8217;s project management and cost control literature out there to help you do this.\u00a0(Ref. 8)<\/p>\n<p>Also remember that you can retain an expert in at least eight (8) different ways.\u00a0 From\u00a0a\u00a0quite low, easily monitored total fee to something more. (Ref. 9)<\/p>\n<p><strong>Suggested hourly rates<\/strong><\/p>\n<p>(In the following, Leadership\/Supervision is short for Leadership Authority and\/or Supervision Exercised)<\/p>\n<p><strong>1<\/strong>. <strong>Engineer in Training&#8230;&#8230;..$90\/hr\u00a0<\/strong>\u00a0<span style=\"text-decoration: underline;\">Experience<\/span>: 0 to 4 years.\u00a0 Few technical decisions called for and these will be of a routine nature with ample precedent or clearly defined procedures guidance. <span style=\"text-decoration: underline;\">Leadership\/Supervision<\/span>:\u00a0 May assign and check work of technicians and helpers.<\/p>\n<p><strong>2.<\/strong> <strong>Junior Engineer&#8230;&#8230;&#8230;&#8230;.$100\/hr\u00a0 <\/strong><span style=\"text-decoration: underline;\">Experience<\/span>: 4 to 7 years.\u00a0Decisions made are normally within established guidelines.\u00a0<span style=\"text-decoration: underline;\"> Leadership\/Supervision<\/span>:\u00a0 May give technical guidance to junior engineers or technicians assigned to work on a common project.<strong><\/strong><\/p>\n<p><strong>3. Intermediate Engineer&#8230;$115\/hr\u00a0\u00a0<\/strong><span style=\"text-decoration: underline;\">Experience<\/span>: 7 to 10 years.\u00a0 Makes independent studies, analyses, interpretations and conclusions.\u00a0 Difficult, complex or unusual matters or decisions are usually referred to more senior authority.\u00a0 <span style=\"text-decoration: underline;\">Leadership\/Supervision<\/span>:\u00a0 May give technical guidance to engineers of less standing or technicians assigned to work on a common project.\u00a0 Supervision over other engineers not usually a regular or continuing responsibility.<\/p>\n<p><strong>4.<\/strong> <strong>Senior Engineer&#8230;&#8230;&#8230;&#8230;.$145\/hr\u00a0 <\/strong><span style=\"text-decoration: underline;\">Experience<\/span>: 10+\u00a0 Recommendations reviewed\u00a0for soundness of judgement but usually accepted as technically accurate or feasible.\u00a0 <span style=\"text-decoration: underline;\">Leadership\/Supervision<\/span>:\u00a0 Assigns and outlines work; advises on technical problems; reviews work for technical accuracy, and adequacy.\u00a0 Supervision may call for recommendations concerning selection, training and discipline of staff.<strong>\u00a0\u00a0\u00a0\u00a0<\/strong><\/p>\n<p><strong>5. <strong>Specialist Engineer<\/strong>&#8230;&#8230;.<strong>$170\/hr\u00a0 <\/strong><\/strong><span style=\"text-decoration: underline;\">Experience<\/span>: &gt;15 years.\u00a0 Makes responsible decisions not usually\u00a0subject to technical review.\u00a0 Takes courses of action necessary to expedite the successful accomplishment of assigned projects.\u00a0 <span style=\"text-decoration: underline;\">Leadership\/Supervision<\/span>:\u00a0 Outlines more difficult problems and methods\u00a0of approach.\u00a0 Coordinates work programs and directs use of equipment and material.\u00a0 Generally makes recommendations as to the selection, training, discipline and remuneration of staff.<\/p>\n<p><strong>6. Principal Engineer&#8230;&#8230;&#8230;$190\/hr +\u00a0 <\/strong><span style=\"text-decoration: underline;\">Experience<\/span>: No limit.\u00a0 Makes responsible decisions on all matters, including the establishment of policies subject only to overall company policy and financial controls.\u00a0 <span style=\"text-decoration: underline;\">Leadership\/Supervision<\/span>:\u00a0 Reviews and evaluates technical work, selects, schedules and coordinates to attain program objectives; and\/or as an administrator makes decisions concerning selection, training, rating, discipline\u00a0and remuneration of staff.<strong>\u00a0<\/strong>\u00a0<strong>\u00a0\u00a0<\/strong><\/p>\n<p>***<\/p>\n<p>It&#8217;s important for you to know about these suggested fees &#8211; a\u00a0good average\u00a0of all\u00a0firms in Nova Scotia.\u00a0 And to know they&#8217;re very close to those charged\u00a0else where in Atlantic Canada and not\u00a0far off\u00a0those charged in New\u00a0England.\u00a0 You can then\u00a0focus on retaining an expert early in a case,\u00a0monitoring costs closely and not being surprised.<\/p>\n<p>This\u00a0is important\u00a0considering\u00a0the uncertainties inherent in forensic investigation, the difficulty estimating costs, the less affluent nature of many of the cases in Atlantic Canada, and the fact\u00a0that even the less affluent cases\u00a0require the same thorough, objective investigation.\u00a0 It&#8217;s important to ensuring the quality of the forensic investigation is not\u00a0jeopardized.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0<strong>\u00a0\u00a0\u00a0\u00a0\u00a0<\/strong><\/p>\n<p><strong>References<\/strong><\/p>\n<ol>\n<li>Consulting Engineers of Nova Scotia (CENS), <em>Directory 2015\/2016<\/em>, Halifax, NS<\/li>\n<li>Babitsky, MBA, Alex, Babitsky, JD,\u00a0Steven, and Mangraviti, Jr., JD, <em>National Guide to Expert Witness Fees and Billing Procedures<\/em>, SEAK, Inc, Falmouth, Mass.<\/li>\n<li>Steps in the forensic engineering investigative process.\u00a0 Posted July 15, 2013.<\/li>\n<li>The Advocates Society, Ontario<\/li>\n<li>Difficulty estimating the cost of forensic engineering investigation.\u00a0 Posted July 23, 2012.<\/li>\n<li>Why the difficulty estimating the\u00a0cost of forensic engineering investigation?\u00a0\u00a0 Posted September 1, 2012.<\/li>\n<li>A bundle of blogs: A civil litigation resource list on how to use forensic engineering experts.\u00a0 Posted November 20, 2013.<\/li>\n<li>Project Management Institute, <em>A Guide to the Project Management Body of Knowledge<\/em>, Newton Square, Pennsylvania, USA (One of many good references on project management and cost control)<\/li>\n<li>Peer review costs can be controlled.\u00a0 Posted January 22, 2016.<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The following describes the different fees &#8211; the hourly\u00a0billing rates, charged by professional\u00a0engineers\u00a0for\u00a0consulting services in Nova Scotia.\u00a0 It&#8217;s important for you to\u00a0know about\u00a0these because many forensic experts are professional engineers. Time\/fee based billing is\u00a0also the best way of\u00a0overcoming the uncertainties &hellip; <a href=\"http:\/\/www.ericjorden.com\/blog\/2016\/07\/05\/an-experts-fees-and-forensic-engineering-investigation\/\">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\/4874"}],"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=4874"}],"version-history":[{"count":31,"href":"http:\/\/www.ericjorden.com\/blog\/wp-json\/wp\/v2\/posts\/4874\/revisions"}],"predecessor-version":[{"id":4952,"href":"http:\/\/www.ericjorden.com\/blog\/wp-json\/wp\/v2\/posts\/4874\/revisions\/4952"}],"wp:attachment":[{"href":"http:\/\/www.ericjorden.com\/blog\/wp-json\/wp\/v2\/media?parent=4874"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.ericjorden.com\/blog\/wp-json\/wp\/v2\/categories?post=4874"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.ericjorden.com\/blog\/wp-json\/wp\/v2\/tags?post=4874"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}