Skip to main content Skip to footer

Qualitative Sampling v Statistical Analysis v Daubert

May 15, 2008

An increasingly common analytical
error is the assumption
that the accuracy and integrity
of an expert’s evaluation of
building envelope construction
or performance can be
judged via probability analysis. It may be
argued that the only valid approach for
forensic surveys is the blind “simple random
sampling” (SRS) that many of us were
taught in our high school or college science
classes. Alternatively, it may be asserted
that the expert should have employed an
advanced “stratified random sampling”
design in which various components or
characteristics of the building envelope
were identified in advance of the testing, followed
by random sampling within these distinct
“strata.”
To better evaluate these claims, it is
helpful to list key elements of the basic SRS
protocol:
• Sampling locations are predetermined
randomly. The sampler has
no discretion in the selection
process;
• Every member of the “population”
being sampled has the same chance
to be selected; and
• The results of any particular sample
cannot be used to shape the course
of the continued sampling.1
Upon only brief review, experienced
readers of Interface will identify potentially
critical hindrances to random probabilistic
sampling of buildings, including:
• Aesthetic or logistical constraints
imposed by the building owner or
occupants;
• Physical or legal limitations on
access; and
• The inordinately high costs imposed
by the inflexible sampling design.
Further, any SRS design requirement
that data obtained during the course of the
sampling cannot be used to guide the
immediate additional sampling represents a
flagrant waste of the building envelope professional’s
forensic expertise.
In a sense, such misjudgments are a
testament to the general public’s blind abiding
faith in the inerrant power of statistical
formulas and calculations; however, the
proponents of statistical sampling also may
simply lack a practical understanding of
how building envelopes are assembled. In
particular, any statistical model developed
years after a building’s construction that is
claimed to be sufficiently robust to account
for the generally nonrandom nature of this
work instead may simply demonstrate the
limited knowledge of the model’s creators.
For example, consider the installation of
fluid-applied deck waterproofing by a small
crew during a single eight-hour workday,
and assume that on previous days, this
team already has waterproofed other decks
at the same project. It is safe to predict that
on this particular day, the manner and
quality of the waterproofing carried out at
various decks by this crew will be generally
consistent. Further, barring recently revised
instructions from their superintendent or
other inspectors, it is reasonable to assume
that the team members’ output on this particular
day will be generally consistent with
their output of the previous day.
Yes, there will be inconsistencies and
deviations (for better or for worse) in the
intertwined streams of work that produce a
completed building. And yes, the composition
of the project’s crews may change at
irregular intervals with unforeseen effects.
During the extended process of constructing
a building, however, a generally consistent
day-to-day level of workmanship
(whether good, middling, or deficient) is the
norm. Years later, after the workers have
dispersed, their managers’ memories have
faded, and the availability of project records
is limited, any attempt to evaluate via probability
analysis the patterns (or the blips in
the patterns) of their outputs likely will be
inaccurate, incomplete, and perhaps
biased.
In contrast, the industry standard for
forensic evaluations of building envelope
NO V E M B E R 2008 I N T E R FA C E • 2 3
performance is ASTM E 2128, Standard
Guide for Evaluating Water Leakage of
Building Walls,2 which prescribes a purposeful
investigation that entails an orderly
accumulation of information in such a
manner that each step enhances and supplements
the information gathered in the
preceding step. Clearly, the sampling
methodology described within ASTM E 2128
is not consistent with the tenets of probability
sampling and its various statistical
siblings (collectively, quantitative sampling),
as exemplified by the SRS ideal, and therefore
may be subject to claims that it does
not satisfy the rules of evidence that require
an expert’s sampling methodology and testimony
to be based upon “scientifically
valid” principles (e.g., Daubert v. Merrell
Dow Pharmaceuticals, Inc., 509 U.S., 579,
1993).
In response, this writer and the wellknown
consultant Colin Murphy, RRC,
FRCI,3 have published a peer-reviewed
paper4 in the Journal of ASTM International
(JAI) to demonstrate that the survey protocol
prescribed by ASTM E 2128 is fully consistent
with qualitative sampling methodology
validated within the social sciences. We
note that Section 11 of ASTM E 2128
includes, in part, the following protocol for
carrying out a survey of the building envelope:
1. An evaluation is conducted in
response to a problem situation and
a nonperforming wall and may
involve several techniques and procedures
specifically adapted and
applied in a systematic manner to
diagnose a specific problem.
2. The information systematically
accumulated in a leakage evaluation
is analyzed as it is acquired. The
new information may motivate a
change in approach or focus for subsequent
steps in the evaluation
process.
3. The evaluator is expected to establish
a cause-and-effect relationship
between wall characteristics and
observed leakage. This requires an
appropriate selection of activities
and a logical analysis and interpretation
of the acquired information.
4. The conclusions and findings from
an evaluation must be rationally
based on the activities and procedures
undertaken and the information
acquired if they are to be considered
legitimate and substantiated.
5. The record should be sufficiently
complete so that any interested
party can duplicate the evaluation
program and acquire similar information.
Notes on the analysis and
interpretation of the acquired information
should be clear and complete
enough to be understood by
any other building professional
skilled in leakage evaluation.
Clearly, the authors of ASTM E 2128
consider the proper role of the skilled forensic
professional is to carry out a nonrandom
(i.e., qualitative) investigation. To better
evaluate this position, we turn to seminal
standards5 in the social sciences that review
the different logics that undergird the quantitative
and qualitative sampling methodologies.
While quantitative methods generally
require a large, randomly selected sample
set, qualitative inquiry typically focuses in
depth on relatively small samples, even single
cases (N=1) selected purposefully. Not
only do the sampling techniques differ, but
the very logic of each approach is unique
because their purposes are different:
• The logic and power of random sampling
derive from statistical probability
theory – a random and statistically
representative “sample set”
controls selection bias and permits
confident generalization from the
sampling to a larger population.
• In contrast, what would be “bias” in
statistical sampling, and therefore a
weakness, becomes intended focus
in qualitative sampling, and therefore
a strength. The logic and power
of purposeful sampling lie in selecting
information-rich samples for
step-by-step evaluation of issues of
central importance to the purpose of
the inquiry.
Consider the accompanying photo –
graphs of a three-story, 120-unit woodframed
apartment complex facing a central
courtyard and constructed above an atgrade
concrete parking garage with busy
commercial spaces (pizza restaurant, coffee
shop, etc.) located at the building perimeter.
Assume that the building owner has reported
water damage at various deck soffits and
at interior window surrounds and that an
initial visual survey indicates that at the
residential levels, there are 750 window
openings and 80 wood-framed decks with a
concrete walking surface over fluid-applied
waterproofing. Also assume the owner has
requested that the leakage investigation be
carried out in a manner that does not
impact the operations of the commercial
shops at the building perimeter (see Photo
1). Further, let’s assume there are compelling
reasons to focus the bulk of the
destructive testing on the readily accessible
units at the interior courtyard (see Photo 2).
In other words, let’s assume that 65% of
the residential windows and privacy decks
at this apartment complex are unavailable
for destructive testing. These limitations
might be daunting to random samplers, but
not for the experienced investigators who
recognize the strong likelihood that there
will be a generally consistent level of workmanship
at all of the decks and windows.
This critical assumption does, of course,
need to be closely evaluated during the
course of the ensuing investigation (including
any further review of available construction
records); however, it encourages the
investigators to commence their destructive
testing at any convenient location that can
be expected to be information-rich.
Broadly generalized, there are three categories
of sampling locations selected by
most building envelope professionals:
1. Category 1 sampling locations typi-
ENVIROSPEC INCORPORATED
The PAVE-EL®
Pedestal System
• Transforms flat roofs into attractive,
maintenance-free,
paver stone terraces.
• Elevates paver stones for
perfect drainage.
• Levels paver stones and ensures
their uniform spacing for
an ideal roof terrace surface.
• A perfect solution for laying
mechanical walkways for use
by maintenance personnel.
• Ideal for laying paver
walkways in roof gardens.
Turn roof tops into
beautiful deck areas
Easy to
Install
716-689-8548 • www.envirospecinc.com
24 • I N T E R FA C E NO V E M B E R 2008
cally occur at changes in material and changes in plane,
such as fenestration and deck-to-wall transitions, that
can be expected to be highly information-rich due to the
number of waterproofing, flashing, sealing, and/or
water-resistive barrier transitions by various trades that
can be exposed in sample areas of relative limited size.
Most expert investigations will commence at readily
accessible, information-rich locations, often at weatherexposed
elevations.
2. Category 2 sampling locations, such as vent penetrations
and handrail connections, are transitions that likely
are not as information-rich as the Category 1 locations,
but which can provide key
supplemental information regarding
consistency of design details, quality
control, potential extent/severi ty
of any deterioration, and quality of
the work carried out by some of the
subtrades.
3. Category 3 locations are those that
are sampled to address atypical construction
or design issues or specific
questions or issues of concern
that may arise during the course of
the sampling. Category 3 sampling
often is carried out in the later phases
of the survey process and can
serve various survey closeout pur-
NO V E M B E R 2008 I N T E R FA C E • 2 5
Photo 1 – Minimal testing occurred at this streetside elevation
due to a mandate to avoid disturbing the operations of the coffee
shop and a nearby pizza restaurant.
Photo 2 – Instead, the majority of the
qualitative testing was carried out at the
more readily accessible central courtyard.
poses, including localized sampling
intended to test alternative conclusions
raised by others and purposeful
random sampling to increase the
perceived credibility of the qualitative
analysis.
While the goal of quantitative sampling
is to evaluate levels of statistical significance,
the methodology of qualitative
inquiry is to produce findings that have
substantive significance, which refers to the
strength and importance of a meaningful
relationship.6 In determining substantive
significance, both the analyst and the
reviewers must address these kinds of
questions:
• How solid, coherent, and consistent
is the qualitative evidence in support
of the expert’s findings?
• To what extent and in what ways do
the findings deepen understanding
of the observed conditions?
• How well do the findings define and
correlate causal relationships in a
manner that maximizes understanding
of the various processes
and phenomena of interest that are
occurring within the population?
• To what extent are the expert’s findings
consistent with knowledge
derived from other sources?
The sampling design for qualitative surveys
typically is fluid, capitalizing on early
learning to guide subsequent direction.
Qualitative researchers begin by identifying
information-rich data sources that can be
expected to maximize understanding of the
observable conditions. As the survey progresses,
new conditions and sampling questions
emerge that may confirm, enrich,
modify, or challenge the researcher’s understanding
of the observed phenomena.
Qualitative sampling represents an inductive
process in which the researcher searches
for patterns and builds abstractions,
concepts, hypotheses, and theories from
emerging details.
Unlike probability sampling, there are
no firm criterion for determining sample
size in qualitative surveys. The appropriate
sample size is determined by the quality of
the observed data as they relate to the goals
of the survey. If
the key purpose is
to maximize information,
then the
survey may be terminated
when no
new information
is forthcoming
from the additional
sampling; thus,
“data saturation”
may be the primary
criteria. How –
ever, sample size
for qualitative surveys
also may
depend simply on
what one wants to know, the purpose of the
inquiry, what will be useful and will have
credibility, and what can be done with available
time and resources.
At the apartment complex seen in
Photos 1 and 2, let us assume the plaintiff’s
destructive testing of the concrete walking
surface at four of the leaky decks at the
central courtyard has revealed voids (see
Photo 3) in a nonreinforced, fluid-applied
waterproofing membrane that measures
less than 1/16 in thick. Then, upon review
of the product’s application instructions, we
learn that the manufacturer recommends a
minimum 1/8-in thickness and an embedded
layer of fiberglass reinforcing mesh.
Let’s further assume that dropping the soffits
at eight other courtyard decks revealed
water-damaged OSB decking consistent
with similar breaches in the waterproofing
membrane.
At this stage of the qualitative survey,
there is sufficient substantive significance
to this accumulated data to make a legal
case and to allow the plaintiff’s expert to
make a preliminary assertion that all 80
decks are deficiently waterproofed. At this
point, the ball is in the defense experts’
court, where it is a simple matter to confirm
or discount this extrapolation by opening
concrete at two more decks and dropping
the soffits at several others (including one
deck at the building perimeter).
In summary, the entire investigation (by
plaintiff and defense) of the deck waterproofing
at the 80 wood-framed decks at
this project consisted of limited concrete
removal at six decks and opening the soffits
at 11 or 12 others. All of the test locations
were purposefully selected in accordance
with industry standards and the customary
practice of experienced professionals.
Because the overall results of these two
qualitative investigations
were consistent,
any further
sampling by
either party would
have been a waste
of resources.
On the other
hand, if the survey
results had been
inconsistent, further
qualitative
sam p ling may
have been needed
in order to achieve
the good-faith goal
of nonbiased consensus
regarding the installation and performance
of the fluid-applied deck waterproofing.
In any case, at these decks there
was no appropriate role for statistical sampling
by the plaintiff or the defense; any
later claim to the contrary was simply a tactical
diversion by defense attorneys seeking
to better their position.
Even so, it is important to recognize that
qualitative and quantitative sampling
methodologies constitute alternative, but
26 • I N T E R FA C E NO V E M B E R 2008
Photo 3 – Typical breach in the overly thin,
nonreinforced, fluid-applied waterproofing
membrane.
It is important to recognize that
qualitative and quantitative sampling
methodologies constitute alternative,
but not mutually exclusive, strategies
for investigative research.
not mutually exclusive, strategies for investigative
research. The experienced, pragmatic
investigator practices a situational
responsiveness that recognizes that differing
methods and techniques are appropriate
for different circumstances.
In the end, the core of the scientific
method for all quantitative and qualitative
surveys consists of a puzzle-solving strategy
or method for analysis (or elimination) of
rival explanations or hypotheses. This strategy
may start its puzzle solving with a
hypothesis (i.e., quantitative analysis) or it
may start with evidence (i.e., qualitative
analysis). The quantitative survey begins
with the formation of a hypothesis that can
be evaluated statistically upon later collection
of evidence, while the qualitative survey
begins with the collection of evidence from
which substantive explanations will emerge.
In both cases, the core of the scientific
method is represented by the strategy of
analysis of plausible rival hypotheses.7
As the final step in the qualitative survey
process – after describing and interpreting
the major patterns, themes, and linkages
that have emerged from the analysis –
the expert investigators (plaintiff and
defense) must, as a matter of intellectual
integrity, look for data that support alternative
themes and explanations for the
observed conditions. Failure to find strong
supporting evidence for opposing theories
increases confidence in their original analysis.
Closely related to such testing of rival
explanations is the search for negative
cases: comprehensive understanding of the
perceived qualitative patterns is increased
by considering the instances and cases that
do not fit the pattern.8
Permeating the building envelope survey
strategy delineated in ASTM E 2128 is
the critical goal of tying together cause(s)
and effect(s). Within the limits of the investigator’s
commission:
1. The consequences of leakage are
established;
2. The severity, consistency, and distribution
of these consequences are
determined;
3. The leakage pathways are defined;
and
4. The sources of these building envelope
failures are identified.
This investigative process commonly is
both inductive and deductive and should be
carried out with methodological competence,
intellectual rigor, and professional
integrity. The pragmatic investigator will
implement a range of qualitative and quantitative
measures that best evidence credibility
when reviewed by the target audience.
For the well-trained building envelope professional,
general conformity to the survey
protocols published within ASTM E 2128
constitutes a form of analytical rigor comparable
to the validated tenets of qualitative
analysis practiced within the social science
fields. If this survey process and its findings
are reviewed during the course of litigation,
the rules of evidence clearly have been satisfied
when a building envelope expert’s
sampling methodology and analysis are
founded upon ASTM E 2128.
It is this writer’s experience that an
analysis of legal efforts to use probabilistic
analysis to discredit the results of an
expert’s qualitative survey will reveal critical
flaws in the assumptions that undergird the
critic’s statistical model. Opposing attorneys
would be well advised to closely examine
the statistician’s knowledge of the dayto-
day processes of constructing the building
envelope. The analyst who claims the
ability to craft a statistical model of a complex,
nonrandom series of unfamiliar and
poorly documented events that occurred
Starting With Your Roof
There are
Ways to
KEEP COOL
BETTER
Versico Offers Cool Roof Solutions.
Energy-effi cient membranes and high-performance
green roof systems backed by Versico’s Total System
Warranty provide building owners a variety of options
for a cool roof.
Use Versico’s TrueRoof Cost lifecycle analysis software
to compare energy savings provided by different
roofi ng systems; calculate a building’s optimal rooftop
R-value and determine the ideal roof for any building
based on data from independent sources.
VersiWeld® TPO LiveRoof® VersiFlex® PVC
For more information call 800-992-7663 or visit www.versico.com.
A Single Source for Single-Ply Roofing
NO V E M B E R 2008 I N T E R FA C E • 2 7
years earlier is most likely simply naïve, but
he or she may also lack the methodological
competence, intellectual rigor, and professional
integrity required of a legal expert in
accordance with Daubert standards.
Editor’s Note: A shortened version of this
article was published in the April 2008
quarterly newsletter of the Forensic Expert
Witness Association (www.forensiv.org).
FOOTNOTES
1. D. Freedman, R. Pisani, R. Purves,
and A. Adhikari, Statistics, Second
Edition, W. W. Norton & Co, New
York, 1991.
2. ASTM International, www.astm.org.
3. Colin Murphy, RRC, FRCI, is the
founder and managing principal of
Trinity | ERD (www.trinityerd.com),
a building envelope forensics, testing,
and design consulting firm
based in Seattle, WA.
4. L. Haughton and C. Murphy, “Qual –
itative Sampling of the Building
Envelope for Water Leakage,” Jour –
nal of ASTM International, Volume 4,
Issue 9 (October 2007).
5. In particular, M.Q. Patton’s
Qualitative Research & Evaluation
Methods by Sage Publications was
an invaluable reference resource for
the paper listed in reference 4 above
and for the qualitative research
methodology discussed within this
article.
6. W.P. Vogt, Dictionary of Statistics
and Methodology, Sage Publications,
1993.
7. Credit for this insightful perspective
belongs to M.Q. Patton and also to
Donald Campbell from his ac –
claimed foreword to R. K. Yin’s book:
Case Study Research: Design and
Methods by Sage Publications.
8. Note again that M.Q. Patton’s
Qualitative Research & Evaluation
Methods by Sage Publications is an
invaluable reference resource for the
qualitative research methodology
discussed within this article.
28 • I N T E R FA C E NO V E M B E R 2008
Lonnie Haughton, CDT, LEED AP, is a construction consultant
with Richard Avelar & Associates, a forensic architectural
consulting firm in Oakland, CA. His professional Web site
is www.mastercodeprofessional.com. Lonnie is one of the
fewer than 500 individuals nationwide who have achieved the
Master Code Professional certification awarded by the
International Code Council. He is a member of the Forensic
Expert Witness Association, the Western Construction
Consultants Association (Westcon), and the Construction
Writers Association.
Lonnie Haughton
When fasteners penetrate roofing or waterproofing products as a
planned part of installation, it is expected in some cases that the product
will resist water migration at the point of penetration. A new ASTM
International standard, D 7349, Test Method for Determining the
Capability of Roofing and Waterproofing Materials to Seal Around
Fasteners, addresses this situation. ASTM D 7349 was developed by
Subcommittee D-08.02 on Prepared Roofing, Shingles, and Siding
Materials under the jurisdiction of ASTM Committee D 08 on Roofing
and Waterproofing.
Until the approval of D 7349, the only standard measuring this type
of water migration resistance was ASTM D 1970, Specification for Self-
Adhering Polymer-Modified Bituminous Sheet Materials Used in Steep
Roofing Underlayment for Ice Dam Protection. That method, according
to Aaron Phillips, D 08.02 member, “is specifically directed toward one
class of materials…The test parameters used for ice dam membranes
may not be appropriate for other product types.” ASTM D 7349 is
adaptable for evaluation of a variety of asphalt-based products and
end users, Phillips notes.
For more information, visit www.astm.org.
NYC Granting
Green Roof
Tax Credits
NEW STANDARD ADDRESSES
SEAL-AROUND CAPABILITY
New York City has a new
tax credit for building owners
who install green roofs. The
bill, sponsored by Bronx
Assemblyman Ruben Diaz, Jr.,
allows a one-year property tax
credit of up to $100,000 for
owners who put green roofs on
at least 50% of their available
roof space. He claims that this
is roughly 25% of what it will
cost to install such a roof.
Developers can start applying
for the green roof tax credit
starting in January of 2009.
— New York Times