Proof by sampling in construction cases

Proof by sampling in construction disputes - HKA

Done properly, sampling and extrapolation can offer a proportionate approach to case management and will have a realistic chance of success in ...

Statistical Sampling in Construction Disputes - White & Case LLP

It is preferable to agree with the other side on the sampling methodology and approach at an early stage. This will reduce the risk of ...

Proof by sampling in construction cases - Shoosmiths

Sampling is, however, more suited to defects cases. A court may readily conclude, for example, that the presence of faulty welds in a reinforced ...

Pleading claims by sampling and extrapolation: recent guidance ...

Sampling and extrapolation is a common approach for presenting evidence in complex construction and commercial disputes.

Statistical sampling in construction disputes | DWF

This methodology can provide a reliable and efficient way to assess construction claims and make informed decisions based on making an unmanageable volume of ...

Sampling in Large Construction Cases: the Perfect Marriage of Law ...

The use of sampling evidence and extrapolation is acceptable in principle and not limited to systematic breaches, but parties may have to ...

The use of sampling in construction and negligence claims: Court of ...

The Court of Appeal has confirmed that sampling of variations and/ or defects, and extrapolation of evidence on that basis, is an acceptable means of “ ...

Sampling in construction disputes - the balance between fairness ...

As the claimant generally bears the burden of proving its claims, the use of sampling and extrapolation can be an effective tool to present its ...

How to use data sampling in construction disputes

Daniel Garton is a partner and Primrose Tay an associate at White & Case The global volume of data created has grown at an incredible pace ...

Proof by sampling in construction cases – sorting the wheat from the ...

The judgment provides an interesting examination of the use of extrapolation from a sample of evidence as a means of establishing the full extent of a breach.

Is sampling in construction claims acceptable ? - LinkedIn

Sampling can provide a cost effective solution that discharges the burden of proof ... Both methods have been disucssed in UK court cases ...

Sampling and Extrapolation in Legal Cases - Expert Witness

The Technology and Construction Court Guide recommends that careful thought should be given to 'any appropriate ... sampling … that could be ...

Strategies for Challenging Extrapolation Evidence

So why are courts welcoming extrapolation evidence in construction defect litigation? ... It is speculative and easily tainted by improper statistical sampling ...

Damages Sampling must be Representative

Damages Sampling must be Representative. Building Dispute Advice Services LimitedCase LawConstruction ArticlesDamages Sampling must be Representative. High ...

Non-Probability Sampling in Construction Claims – four years since ...

However, in situations involving numerous low-value items, such as minor but widespread defects, the cost and time required to prove each ...

Law and contract: Sampling and extrapolation - Construction Briefing

Sampling and extrapolation allow a claiming party to carry out detailed investigations on a sample of its claims.

Sample with caution: is a sampling approach acceptable when ...

Many construction disputes will include a large number of issues. One way to proportionately deal with a large number of issues at trial or ...

Expert Evidence in Construction Disputes: Expert Witness Perspective

In this case, the Court considered whether the use of sampling might be applied more widely in construction cases, its effectiveness as a ...

The Parameters of the Duty to Preserve Construction Defects

Proof that can be used to substantiate—or refute—claims. After all, there is arguably no better evidence of the existence or absence of a ...

Identifying and Challenging Unreliable Methodologies Employed in ...

the statistical extrapolation of the sample results to the sampling ... statistical sampling and extrapolation in the context of construction- defect cases.