What <b><i>Is</i></b> the Standard of Care?

Abstract

Litigation in the construction industry usually involves opinions about the “standard of care.” This paper discusses the problems with individual opinions, and describes three basic methods for determining a “standard of care”: (1) informal interviews; (2) formal interviews; and (3) work product audits. Methodology is discussed and examples of a questionnaire and checklists are presented. The results of some case histories and a correlative study lead to the writer's conclusion that a carefully conducted work product audit is the most reliable measure of the “standard of care.” An additional conclusion is that the “standard of care” is not sharply defined but encompasses a range of acceptable practices.