Economic Expert Witness Construction Defect Case

Construction defect litigation typically begins with a home-owners association or individual home owners alleging economic loss stemming from sub-standard construction of their home(s).  Plaintiffs present a sample of properties investigated by a construction expert; the critical step involves extrapolating from the sample proportion of defects in the tested properties to the other properties in the project.  It is a common practice of plaintiff experts to over-sample defective units and to under sample units which do not have defects.  This outcome is a natural consequence of depending on voluntary participation in the plaintiffs' sample.  If the defect in question – leaking roofs or windows, moldy shower stalls – is detectable by the homeowner.  When confronted with the prospect of destructive testing – disruptive intrusion with a residual mess – homeowners who believe they have a problem are more likely to agree to testing than are homeowners who do not have a problem.  When the sample defect rate is applied to the units not tested, the result is an over estimate of the cost of repair.

We specialize in designing unbiased sampling protocols – rules for the testing experts to follow so that the defect rate they find accurately predicts the defect rate in the untested population of residences.  We recommend that the person conducting the testing for plaintiffs or defendants contact all homeowners and ask (1) if they believe that their units have any defects and (2) if they will grant permission to have their units tested.  Any owners refusing to have their units tested should be taken out of the class of owners eligible for damages.  Finally, we will assign a random number to each unit remaining in the population of the eligible units.  We will test the outcome of the testing to determine whether there is a significant difference in the defect rate for units whose owners believe there is a problem and for those units that units whose owners think there is no problem.  If there is a significant difference, then we estimate the proportion of defective units in the (eligible) population as the weighted average of the defect rates for the two sub-samples. 

To ensure the accuracy of our estimate and to yield the quickest turn-around time, we ask you to take the time to fill out as much information as possible. Thank you for your cooperation.


Retain an Economic
Expert Witness



Have us Conduct
a Preliminary Analysis



How long will it take?

Typically 2 weeks** 5 days or less
Statistical Analysis Yes Yes
Forecast Yes Yes
Available for Discussion Yes Yes
Complete Written Report Yes No
Documentation of statistical analysis Yes No
Complete set of tables showing calculations Yes No
Deposition Extra No
Trial Testimony Extra No

**In cases when reports are due in less than five business days after our receipt of necessary information, we will charge an additional $1,000 fee for an expedited report.

Let's get started...

1. We encourage all of our potential clients to familiarize themselves with our final product and our report process. Our statistical analysis allows us to predict how earnings would have changed but for the damaging event, and how earnings are likely to change after that event. Below we have links to examples of both types of reports we produce:

*Note: The following links will open a new window/tab
a. Preliminary Example Report
(applicable towards full retention)
b. Full Retention Example Report


2. Pick a report type.

Please choose which type of report you will need below:


3. Next, fill out the information below. We stress that you be as thorough as possible. If you would prefer to fill out a PDF version of this questionnaire, you can download the questionnaire instead. However, we do ask that you at least fill out the required fields (in bold) on this webpage. If you have any questions, you may contact us during our normal business hours, or you may reach us by filling out the brief contact form located on our contact us page.


Plaintiff's Information

*fields in bold are required  

Defendant's Information


Attorney Information


Case Information

A value is required.