Introduction

Ethical Selection and Extrapolation in construction defect (CD) litigation is a hot-button issue that has been driving defendants crazy since the 1990s. It’s hard to believe, but this issue has only recently been addressed well.

Expert consultant opinions are rooted in observational data that drive CD litigation. However, experts often only look at or test a few locations rather than 100%. This means experts are using a (sometimes small) sample to extrapolate conclusions about the overall population and the project. Looking at the math, there is nothing inherently wrong with this.... At least not in theory.

The Scientific Method is the foundation of modern technology; every day scientists in all fields make observations, develop hypotheses, make predictions, conduct tests, and compare their findings to their hypotheses before finally drawing a conclusion. It is common for scientists to extrapolate their findings based on a sample, but every scientist knows that their results are only valid if the sample is truly representative of the population. Scientists are very careful about how they choose their samples, knowing a poor selection creates biased data that is impossible to extrapolate accurately.

Unfortunately, construction defect litigation frequently uses biased data to extrapolate. This course hopes to correct this trend by teaching the right way to select and extrapolate data for CD litigation.

Learning Objectives

• Be able to apply the scientific method to building performance analysis.

• Define how to properly select inspection and testing locations.

• Understand how to extrapolate findings.

• Use real life examples to fully understand what good work looks like.

Program Outline

1. Introduction

2. Building “Science?”

3. Random Selection

4. Extrapolation

5. Playing Doctor

6. Conclusion

Our Panel

Continuing Education Credit

A disclaimer that you must attend the live webinar to obtain credit. This course has been approved by the Florida Department of Financial Services for insurance continuing education credit. To receive credit with either the Florida Department of Financial Services or the California Department of Insurance, remember to scan the QR code certifying your attendance and identity at the end of the program or click the link provided in the webinar chat box at any time in the program. To receive credit with either Florida Department of Financial Services or the Nevada Division of Insurance, both polling questions must be answered accurately. Certificates of attendance will be sent to eligible webinar attendees within three business days of the webinar.

This webinar is approved for 1.0 ethics credit hour of continuing education credit in the following state(s):

• California State Bar - Provider #11573

• California Department of Insurance (Provider #180291) - Course #389805

• Nevada Division of Insurance (Provider #168687) - Course #27058

• Nevada State Bar (Provider #51574) - Course #P_20231214_51574

• Florida State Bar (Provider #1023251) - Course #2312152N

• Florida Department of Financial Services (Provider #373045) - Course #127316; Offering ID #1189570

  • Pete Fowler’s Presenter ID #1346570

  • Adrienne Moss’ Presenter ID #1348122

  • Daniel Dresch’s Presenter ID #1347604

While this course is approved for ethics credit for adjusters in the state of California, please note this course does NOT include the California Department of Insurance’s required one-hour Agents and Brokers Anti-Fraud Training. As such, the one hour of study of insurance fraud requirement will not be met upon completing this course.

This webinar is approved for 1.0 general credit hour of continuing education credit with the Texas State Bar (Provider #A16251) - Course #174218533