Anatomy of Construction Litigation Part II – Preparing a Written Report May 15, 2020 DISCLAIMER The issues described in this paper are considered to represent the realities of construction litigation. The opinions expressed are not intended to offend any particular participant of this process. Rather, it is the author’s intent to promote open discussion and/or debate among participants regarding improving on the “defective” (but sometimes necessary) process of construction […] Read More
Meeting Sustainability Goals Without Sacrificing Fire Safety May 11, 2020 INTRODUCTION The increased focus on sustainability in the built environment has led to the introduction of many new materials and construction practices into the marketplace. These situations may not be addressed in the building or fire code; or worse, they may be prohibited, leading some sustainability advocates to propose revisions to the codes. While technological […] Read More
President’s Message: Uncertain Times Provide New Opportunities May 11, 2020 Scott M. Hinesley, RRC, PE President PRESIDENT’S MESSAGE Because of advance deadlines for a print publication, I am writing this message long before you will read it. Composing a message for an uncertain timeline is somehow appropriate in this time of our mutual COVID-19 turmoil. This is certainly not how I expected to kick off […] Read More
Testing of Impact-Resistant Asphalt Shingles May 11, 2020 INTRODUCTION Hailstorms cause billions of dollars in property damage annually in the United States,[1] and much of that damage is to roof coverings. Asphalt shingles (also known as composition shingles) are the most popular residential roofing product on the market for new construction and reroofing.[2] The popularity of asphalt shingles is largely due to their […] Read More
Interface of Construction Documents and Submittals for Roofing May 11, 2020 30 • IIBEC InterfaceCEMay 2020 Figure 1 – Case Study 1 – Proper fastening. Project submittals are a key piece of the construction process that sometimes are minimized in importance, rubber stamped, or not reviewed by staff with adequate knowledge of the material( s) and its application by both design and construction consultants. Submittals contain […] Read More
Standards of Care – What is Your Risk? April 14, 2020 A pril 2020 IIBEC Interface • 33 ABSTRACT Picture yourself as the designer of record for a roof removal and replacement project. Your client (the owner) occupies the building, and a written agreement outlines your limited scope of work. The owner-contractor agreement uses IIBEC’s standard contract. Responding to the owner’s needs, you design a single-ply […] Read More
Forensic Engineering Assessment of Fault Allocation of Involved Parties in Building Enclosure Defect Cases April 11, 2020 INTRODUCTION Construction projects are complex in nature and involve multiple parties. Parties to construction projects include owners, design professionals (including several subconsultants who are retained by the design professional and/or the owner), a general contractor, construction managers, subcontractors, material manufacturers and suppliers, and testing laboratories. Any or a combination of these parties can contribute to […] Read More
Insurance “Wrap” Policies Are Transforming the Large-Scale Building Enclosure Forensic Evaluation Process April 01, 2020 Like many comparable firms across North America, our company, based in Oakland, CA, not only carries out building enclosure evaluations (for plaintiffs and defendants) of large-scale multifamily and multi-building residential projects, but also designs and administers post-settlement reconstruction of similar projects where our personnel played no role in the litigation process. This wide range of experience affords us the following broad perspectives that may not be as obvious to smaller, more specialized firms. More and more, we encounter construction defects litigation where the defense team elects not to carry out its own testing and sampling to evaluate the merits of the plaintiff expert’s preliminary findings. While in some cases, these decisions likely were based upon expert realization that the results of any such testing would only serve to strengthen the plaintiff’s claim, it is also clear that defense unwillingness to investigate is an unintended side effect of increasingly common “wrap” (or “wrap-up”) insurance policies. Read More
Construction and the Economy: Existing Home Sales Stay Strong March 25, 2020 The National Association of Realtors reports that existinghome sales set a record in 2001, edging out the 1999 total, despite a slight dip in December. The median selling price, $151,400, was up 8% from December 2000, and the inventory of homes for sale was down to a low 4.2 months. These figures have several implications. […] Read More
The Most Common Problems with Residential Counterflashing March 11, 2020 Part of serving as an expert in construction litigation includes reviewing the applicable building code(s), manufacturer installation instructions, and accepted industry standards that were available at the time of construction—collectively referred to as the contractor’s instructions.1 Such a review is often associated with a building that has construction defects related to flashing. This article highlights […] Read More
