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On Selecting a Consultant for Construction Litigation
By Arin A. Nelson, AIA, Architect
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Construction defect lawsuits involve unique circumstances based on alleged damages caused primarily by water infiltration through roofs, decks, windows, building exterior walls and below-grade foundation walls. Understanding the causes of water infiltration and determining which trades are responsible for the leaks can be difficult. Retaining a consulting firm with the expertise to address water infiltration issues is a crucial part of managing a construction litigation matter that can produce favorable results for you and your client. Ideally, that decision should be made as early in the process of the claim as practical.
Construction defect lawsuits tend to have a life of their own. Some lawsuits are well structured with clearly defined issues while others are presented in a disorganized manner, consisting of vague and ambiguous allegations. It is common practice to attach a repair cost estimate to the claim. The cost estimate is based on replacing as much of the alleged defective construction as conscionable. The repair cost estimate becomes the basis for the damages demanded by the party filing the claim.
Construction is the art, business or trade of creating structures in a systematic and deliberate manner. Buildings result from the sequential integration of a multitude of parts assembled by many individuals and companies. An appropriate foundation is constructed first to support the structural frame, which is then followed by the installation of fixtures and finishes that make a building habitable. Water infiltration problems can be caused by improper construction sequencing.
Water infiltration problems are often the result of inadequate attention to detail during building design or building product manufacturing. Water infiltration can result from a failure to properly integrate roofing, waterproofing, windows, flashing and exterior finish materials. Construction consultants retained to evaluate the causes of water infiltration must understand the materials used, the methods of installation and the scope of work of the trades involved. The consultant must be able to evaluate the resultant damages to interior finishes, insulation, and concealed structural components caused by defective construction and water infiltration.
Construction consultants are commonly retained for their expertise in some aspect of the industry. Consultants may be classified as generalists or specialists. Architects and general contractors tend to approach a construction claim from a generalist point of view. Based on their experience and knowledge of building construction, they have the abilities required to evaluate and determine the merit of each issue, determine the need for specialist consultants and manage the large quantities of information required to arrive at and demonstrate an appropriate solution based on the standard of care in the industry.
Consultants specializing in a particular field include hydrologists, geologists, civil, structural, plumbing, electrical and mechanical engineers. Specialists have emerged from the construction industry to provide expertise focused in the following areas: cost estimating and scheduling, grading, paving and site work, landscaping, concrete, wood and metal framing, plumbing, electrical power and lighting, heating, air conditioning and sheet metal fabrication, roofing, below-grade waterproofing, plaza deck waterproofing, window manufacturing, glass and aluminum curtain walls, masonry and stone, ceramic and porcelain tile, acoustics, corrosion and painting, stucco and plaster, exterior insulated finish systems, sealant, drywall, insulation, material testing, building codes, indoor air quality and mold, wood pathology, fire resistive construction and fire cause analysis, among others.
For many construction defect lawsuits it may prove diligent to retain a consulting firm consisting of generalists and specialists with complimentary knowledge and abilities, both practical and academic. Regardless of the party or parties being represented, it is critical to understand the value of the claim and each party’s exposure to the cost as soon as practical. Retaining a multi-disciplined consulting firm can ease case management responsibilities. The recommended consulting firm should have expertise in construction defect litigation, water infiltration and resultant damage evaluation, cost estimating and repair cost allocation analysis.
In conclusion, the following websites are recommended as resources to be used in locating an appropriate consulting firm, or a construction expert. Aquatech Consultancy, Inc., (ACI) specializes in all aspects of water infiltration claims affecting the building envelope. Information regarding ACI can be found on our website at www.noleak.com. ACI welcomes your call should you wish to speak directly to a construction expert about a particular matter.
Websites and directories for locating construction experts:
Insurance Journal
Knowledge for Creating and Sustaining The Built Environment
Western Construction Consultants Association
Construction Company.com
Romance Notes - Construction and Architecture
All Sites.com - Construction and Architecture
Exterior Insulation & Finish Systems
Prentice Hall's Cybrary - The World's Criminal Justice Directory
Ca-Experts.Com
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