This case too place in 2011 in the District Court for Adams County in Colorado. The District Court issued a well-reasoned order denying a motion to preclude the use of extrapolation evidence in a construction defect suit.
In the case, a homeowner association had a claim about defective vinyl siding. The association said the installer failed to use a required weather-resistive barrier, along with making other errors. The installer argued saying that association’s experts had improperly relied on findings from a small sample of data to conclude that all of the siding in the community needed replacement.
The court observed that to extrapolate means “to project, extend, or expand known data or experience into an area not known or experienced so as to arrive at a conjectural knowledge of the unknown area.” Ruled and found
Then, the court found the association had obtained deposition testimony from two witnesses confirming that the siding had been installed using the same procedure on every building, and that the association’s experts had confirmed that this procedure was defective.
The court concluded that “there is little, if any, extrapolation regarding the absence of the weather-resistive barrier and the commonality of the method of installing the siding.”
The court said extrapolation evidence was admissible to prove the extent of defective siding in a condominium community. The court said “to the extent any opinion of the experts regarding the absence of any weather-resistive barrier or installation defects on all of the buildings may be based on extrapolation, it would go to the weight to be given the testimony.”
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