Gambling With Doctrine Of Chances In Construction Cases

By Gregg Jacobson, Chamberlain Hrdlicka White Williams & Aughtry (December 9, 2016, 4:45 PM EST) -- Federal Rule of Evidence 404(b) is significantly underutilized in civil construction cases. Typically thought of as a criminal evidentiary statute, Rule 404(b) excludes evidence of one's character or actions as proof that one acted in conformity with that character trait. However, there are exceptions to the rule.

One exception is particularly underused. Though not listed in the statute, the "doctrine of chances" may be used to admit this type of "other acts" evidence. Under this theory of admissibility, for example, one could show a jury that the owner underbid in multiple past projects, and thus that the owner's actions underbidding in...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!