The Small Destructive Testing Detail with Big Courtroom Consequences
A Destructive Testing Detail that Sinks More Cases than the Science Does
Here's something worth knowing before your next water intrusion case goes to mediation: most challenges to a water testing report aren't about whether water got in. They're about whether the test itself will hold up.
Why do water testing reports get challenged?
Field water testing only proves what it claims to prove if the conditions around the test are documented as carefully as the results. Opposing counsel doesn't need to disprove your expert's findings if they can show the test wasn't run, or wasn't recorded, to a recognized standard.
A few things worth confirming with any expert before testing begins:
Pre-test conditions. Was the assembly dry to begin with? Documented moisture readings before testing establish the baseline everything else depends on.
Water pressure, duration, and spray pattern. These need to match the applicable testing method and be logged in real time, not reconstructed afterward from memory.
Weather and ambient conditions. For wind-driven rain claims, the test needs to replicate the actual conditions from the original loss, not just whatever conditions were easiest to schedule.
Chain of observation. Who was present, what they saw, and when, documented as it happens rather than summarized after the fact.
Any qualified expert should be doing this as a matter of course. But it's the detail that gets skipped when testing is treated as a formality rather than evidence in the making, and it's often the first thing an opposing expert looks for.
Where OCBS Fits In
We've spent over 40 years running invasive and non-invasive water intrusion testing on complex residential, multi-family, and HOA/condominium association cases across California, and providing expert witness and litigation support alongside it. Because we're also a full-service general contractor, we're able to carry a case from testing straight through reconstruction: one consistent record, one team, from the first test to the final repair.
We've been out of touch for a while, but we haven't gone anywhere. We'd love to reconnect with the attorneys we've worked with before, and to get to know the ones we haven't yet.
If you have a file where testing protocol is in question, or a case you'd like a second set of eyes on, give us a call at 800-834-2323. We'd welcome the conversation.
OCBS, Inc. | Forensic Investigation | Litigation Support | Reconstruction. Serving California since 1982. CA License #504676.
This article is provided for general educational purposes only and does not constitute legal advice, engineering analysis, or an opinion on any specific property, claim, or dispute. Referenced standards should be confirmed against their current published editions. Readers should consult qualified counsel and appropriate technical experts regarding their specific circumstances.