Abstract
It is a difficult and challenging task to quantify lost labor productivity in construction claims, especially in the context of the Daubert standard (or Daubert challenge). The Daubert standard has influenced the presentation of expert opinions and testimony in construction cases, including disputes over loss of productivity. One of the factors be considered by triers of fact bounded by the Daubert standard in order to determine whether proffered evidence is reliable is the known or potential rate of error. Sensitivity analysis is the study of how uncertainty in the output of a method or model can be traced to sources of uncertainty in the input; sensitivity analysis can help test the robustness of results calculated using a model in the presence of uncertainty or errors. In this study, sensitivity analyses for common methods of quantifying loss of productivity are presented, and the robustness of the results produced by those methods is assessed. The impact of uncertainties in various sources of data on loss of productivity quantification is also examined. The study’s primary contribution to the overall body of knowledge is to provide insights into the robustness of various loss of productivity quantification methods, especially in the context of the Daubert challenge.
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More From: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
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