Obtaining interviews in the course of forensic engineering investigations
Obtaining interviews in the course of forensic engineering investigations
(OP)
Everyone,
I've been practicing as a forensic engineering expert witness largely related to residential buildings for about ten years. I was hoping to obtain some level of consensus on how you felt about the role of interviews (i.e., with owners, tenants, etc.) in the course of performing forensic engineering investigations for reported building damages.
Specifically, do you think interview(s) during such investigations (pick one):
1) should be obtained, if possible (assuming there is someone to interview), regardless of whether or not the witness is under oath/on the record, and they fall (are required) within the standard of care?
2) are generally a good idea to get a better understanding of the background surrounding the incident/claim, but probably aren't required by the standard of care?
3) aren't required by the standard of care and shouldn't be obtained unless the witness is under oath/on the record? Witnesses often change their story after consulting with their attorney.
I realize there are other options than those listed above; however, these are the three most common opinions on the subject that I've observed. Aside from the engineering aspects of this decision, keep in mind that there are also business aspects. Such investigations are typically expected to be completed in a relatively quick fashion (say 15, and maybe up to 30, calendar days from the date of visiting the site). In my experience, they also infrequently make it to depositions (say less than 5% of the time). Of those that make it to depositions, they infrequently make it to trial (say 10% - 20% of the 5%).
Thanks in advance for your responses.
I've been practicing as a forensic engineering expert witness largely related to residential buildings for about ten years. I was hoping to obtain some level of consensus on how you felt about the role of interviews (i.e., with owners, tenants, etc.) in the course of performing forensic engineering investigations for reported building damages.
Specifically, do you think interview(s) during such investigations (pick one):
1) should be obtained, if possible (assuming there is someone to interview), regardless of whether or not the witness is under oath/on the record, and they fall (are required) within the standard of care?
2) are generally a good idea to get a better understanding of the background surrounding the incident/claim, but probably aren't required by the standard of care?
3) aren't required by the standard of care and shouldn't be obtained unless the witness is under oath/on the record? Witnesses often change their story after consulting with their attorney.
I realize there are other options than those listed above; however, these are the three most common opinions on the subject that I've observed. Aside from the engineering aspects of this decision, keep in mind that there are also business aspects. Such investigations are typically expected to be completed in a relatively quick fashion (say 15, and maybe up to 30, calendar days from the date of visiting the site). In my experience, they also infrequently make it to depositions (say less than 5% of the time). Of those that make it to depositions, they infrequently make it to trial (say 10% - 20% of the 5%).
Thanks in advance for your responses.






RE: Obtaining interviews in the course of forensic engineering investigations
I feel like you are getting at something with your question, but not explicitly stating what that is. But maybe, I'm not sure I fully understand what you're asking. Can you clarify?
Respectfully,
Nick
RE: Obtaining interviews in the course of forensic engineering investigations
2) A good idea per 1) above. Nothing to do with standard of care in my view.
3) I would use the interview only to serve as an initial guide for my investigation or to help clarify sequence or process ("when did the crack appear, before or after the tsunami?")
You can't testify as a witness that "X" told me such-and-such as that is second hand information.
Having said that, for non-court, non-deposition reports and analysis I see no reason why you can't at least depend partially on the testimony of those involved.
But I have also had many homeowners lie through their teeth about cracks and such in the past ("that crack appeared just yesterday"....with old paint inside the crack).
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RE: Obtaining interviews in the course of forensic engineering investigations
Thanks for your response.
Of course I have my opinions, but I was hoping not to (potentially) bias the responses, one way or the other (at least not initially), by providing them, or by providing evidence supporting one opinion over others. I also have a genuine desire to hear what others are doing, and how they are approaching this issue. (Typically) most engineers don't have the benefit of personally practicing/consulting with dozens of engineers, in dozens of states, on the same or similar issues, except in a forum such as this. I would also rather have my mind changed here than in a deposition, or during trial.
Maybe some additional background would help...
As you probably already know, licensed engineers in the United States are typically expected/required to practice within the standard of care. One reference discussing the standard of care for (structural) engineers for example, can be found here: http://www.onlineethics.org/Topics/ProfPractice/PP...
The crux of my post is related to the standard of care for forensic engineering practice, specifically whether it may/may not relate to the necessity of obtaining interviews (from those who may have knowledge about the damage and/or claim) in the course of forensic engineering investigations, as well as (if necessary) how such interviews are obtained.
Does that help?
RE: Obtaining interviews in the course of forensic engineering investigations
RE: Obtaining interviews in the course of forensic engineering investigations
RE: Obtaining interviews in the course of forensic engineering investigations
As that relates to your specific topic, I would likely go with something similar to option #1, because that seems to me as doing the best that I could. Meanwhile I feel like the meat of my forensics would be in the investigation of the drawings (if available) and the as-built conditions. The "interviews" would be an attempt to construct a timeframe of construction, issues, and the players involved.
Like any good lawyer, I'd rarely ask a question I didn't know the answer to already, at least at the get go. That way, you could see if the person was trustworthy.
With all of that said, I haven't done a lot of forensic work, and what I have done was with another company. I likely wouldn't' do a lot of it now that I'm on my own and choose what I work on. A good engineer friend of mine told me that "It's not wise to throw rocks when you live in a glass house." And structural engineering (related to judgment calls) can be quite the glass house. Not critiquing what you do, just my personal comfort level.
RE: Obtaining interviews in the course of forensic engineering investigations
Books/documents/training
Forensic Engineering: Damage Assessments for Residential and Commercial Structures (see sections 1.4.1.1, 1.4.2.2, 1.5.2.2, 1.6, 2.5.1.3, 2.5.4.2, 2.7, 4.8.4.2, 6.2.1, 7.6.9, 8.3, 8.4, 9.5.1, 9.6, 14.10.2, 15.7, 15.7.1, 16.4.2.1, 17.4, 17.4.1, 19.3, 19.3.1, 20.3.1, 20.3.1.1, 20.3.2, 20.3.2.1, and 21.3.1.2)
https://books.google.com/books?id=LSj5MA8jwFgC&...
Forensic Engineering Investigation (see pages 21 - 24, 32, and 211 of the pdf document)
https://www.google.com/url?sa=t&rct=j&q=&a...
Forensic Engineering (see sections 7.3.2.2, 8.5.6, 9.3 and 10.2.4)
https://books.google.com/books?id=cf9nMdmTrNIC&...
Guidelines for Forensic Engineering Practice (section 3.2.4.6)
https://books.google.com/books?id=P3JI5cm79fEC&...
Forensic Structural Inspections: Examination, Diagnosis, and Remedy for Building Structures
http://www.pdhengineer.com/on-site-training/topics...
Websites/companies discussing it
http://www.powermag.com/forensic-engineering-a-val...
http://www.northerntechinc.com/services/forensicen...
http://www.cecinc.com/civil_forensic_engineering.h...
http://www.independentforensics.com/midwest-fire-i...
http://www.bassengineering.com/forensic.htm