Well....Terratek and OG....you're both right!!
OG is correct that the test is not one of critical accuracy, so why worry about the method so much. Well, even though the accuracy of the test doesn't mean a great deal in respect to the overall geotechnical recommendation, there is a reason the procedural aspects of the standard must be followed......
Terratek is right that we have to be concerned about adherence to published/accepted standards. In particular, D2166 is a standard that is referenced in the IBC and in various state codes, thus making it a mandatory standard and must be followed as if included in its entirety within the code. To deviate from the standard can constitute non-compliance with the building code, thus making you violate our standard of care, which in turn, puts you in a liability position.
Construction litigators have gotten a lot more sophisticated over the years. When I first started, almost any lawyer would take a client's construction claim and deal with it as any other litigation. Not so anymore. Construction litigation is a legal specialty and has a lot of legislation and case law to back it up. Even a seasoned attorney who is not a construction specialist will typically shy away from taking on a construction case. As a veteran of over 70 depositions and over 15 trials, a few arbitrations and a bunch of mediations, I can assure you the expert's methods are questioned in every way possible!!