The statistical uncertainty in acoustical testing has been insufficiently studied in the acoustical community. There are a limited number of studies quantifying measurement uncertainties, especially in the field, but even where uncertainties have been documented, they are largely ignored in practice. As was documented in a previous case [LoVerde and Dong, J. Acoust. Soc. Am. 124, 2441 (2008)], it
... [Show full abstract] is common practice to assume that the test results have low uncertainties (even if published uncertainties are large) and that variations in the results are due to variations in materials, errors in construction, etc. This can be particularly important in noise litigation, where acoustical ratings that are lower than expected are often automatically assumed to be due to construction defect, even though they may be within the expected range. Even without errors in construction, the uncertainties in the acoustical test procedure may be such that some assemblies will meet the relevant statutory requirements and other, nominally identical assemblies will fail. Recent experience and insight will be presented regarding the definition of a construction defect in acoustical assemblies, the overlap of responsibilities between contractors and designers, and the interpretation of building code requirements.