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This paper explores the basic legal theories under which an owner could seek relief for a leak condition in a legal proceeding; the various standards that could be employed to support the forensic evaluation of the claim, and to “prove” the condition. A case study is used to illustrate the application of these concepts. The paper concludes by making observations and recommendations concerning the process of evaluating and proving a leak condition in a legal proceeding.
Principal Attorney and Shareholder; Professional Engineer, Federlein & Keranen, P.C., Bloomfield Hills, MI