Section 5.9.2.4.3 Extrapolation

• Library: Construction Law Practice Manual 3rd Edition 2016

§ 5.9.2.4.3 Extrapolation

Multi-family residential construction defect cases typically involve many units or residences. This is especially true when the case is certified for class action. One of the heated questions in construction defect cases is to what extent each unit or residence must be tested or at least inspected to prove every plaintiff’s case at trial. Does each unit or residence need to be inspected to verify that the windows leak? Does each unit need to be inspected to verify that fire stopping is missing? From the plaintiffs’ perspective, inspecting each unit, especially destructive testing, is cost prohibitive and unnecessary. From the defense perspective, without inspection, claims that all units contain the same defects are merely speculative. Both arguments have their merit. To date, there are no Arizona cases on this issue.

Moreover, there are few cases elsewhere that have actually addressed this issue. In Harbor House Condominium Ass’n v. Massachusetts Bay Insurance Co.,⁹⁰ the Federal District Court for the Northern District of Illinois...