CHICAGO ROOFING CONTRACTORS ASSOCIATION

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1 CHICAGO ROOFING CONTRACTORS ASSOCIATION JANUARY 22, 2016 Roofing Claims & Lawsuits Stephen M. Phillips Hendrick, Phillips, Salzman & Flatt, P.C. 230 Peachtree Street, Suite 2500 Atlanta, GA (404) Hendrick, Phillips, Salzman & Flatt, P.C.

2 SAFETY Hazardous Example 2

3 SAFETY Hazardous Example 3

4 SAFETY Hazardous Example 4

5 SAFETY Hazardous Example 5

6 SAFETY Hazardous Example 6

7 SAFETY Hazardous Example 7

8 SAFETY Contract Language Owner and Property Manager represent that they are not aware of any hazard or condition in, at or on the building which would endanger the life and safety of Contractor s personnel, that the structure and roof deck of the building is sufficient to support Contractor s personnel and equipment on the roof performing roof removal and replacement operations and they are not presently aware of any areas of deteriorated, rusted or unattached roof decking that present a safety hazard to Contractor s personnel or individuals and property within the building. If Owner or Property Manager deems it necessary, Owner or Property Manager will retain a structural engineer to evaluate the safety of the structure prior to commencement of re-roofing operations 8

9 LIGHTWEIGHT STRUCTURAL CONCRETE AND OTHER WET DECKS 9

10 WHAT IS THE PROBLEM? Moisture Trapped Within the Roof Assembly 10

11 Moisture Trapped Within Roof Assembly leads to: Blisters Inadequate Long Term Adhesion Deterioration of Facers Delamination Failure to Pass Uplift Testing Reduced Insulation Thermal Efficiency 11

12 NEW CONSTRUCTION OR RE-ROOFING? Problem not limited to new construction. Moisture in lightweight structural concrete decks can adversely affect not only the original roof, but also affect the replacement roof, if the moisture has remained in the lightweight structural concrete deck and can only escape upwards. Undulations in the deck and rough surface of the concrete deck will adversely affect adhesion of roofing materials. 12

13 WHY PROBLEM NOW? Traditional concrete decks, using hot-applied asphalt to adhere insulation and a roof membrane, provided a roof assembly that performed satisfactorily. Roof systems installed in recent years over concrete decks, particularly lightweight structural concrete decks, where cold, foam and water based adhesives have been applied to the concrete deck, have been problematic. 13

14 WHY PROBLEM NOW? Much more moisture content in lightweight standard concrete No escape route for moisture Different concrete mixtures are being used. 14

15 WHY PROBLEM NOW? Curing compounds and sealing agents can inhibit adhesion to the concrete deck. Use of thicker insulation boards makes adhesion more difficult. Self-adhering ( peel and stick ) vapor retarders can be problematic. 15

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22 Wind Issues: Uplift Resistance, Wind Speeds, Uplift Tests and Wind Warranties 22

23 WIND/UPLIFT TESTING Rooftop Equipment 23

24 PROBLEM PROJECTS 24

25 Problem Project #1 Modified Bitumen Membrane(Torched) 300 PSI Cellular lightweight insulating concrete (Torch Applied) vapor retarder primer 5 ½ poured lightweight structural concrete deck 1 ½ non-vented metal deck 1,300 squares; New Orleans, LA Blisters during construction, primarily the membrane base field ply Some vapor barrier to concrete adhesion problems, with moisture present 25

26 Problem Project #2 Fully adhered white 60 miltpo membrane Adhered in solvent-based adhesive ½ Gypsum Cover Board 2 layers of 3.1 isocyanurate insulation Attached with ISO adhesive in ½ to ¾ beads spaced at 12 o.c. per 4 x 4 board in the field Lightweight structural concrete deck Non-vented metal deck 25-Year Warranty starting in 2010 Several buildings; Ft. Lee, Virginia Moisture infiltration within roof assembly 26

27 Problem Project #3 Re-roofing over an existing roof: Office, Main and High Bay Roof Elevations Previously installed top modified bitumen roof was removed Existing original built-up remained 1,979 squares total Fully-adhered 60 mil non-reinforced EPDM roof One layer of x 8 polyisocyanurate insulation mechanically attached through Original 4-ply gravel surfaced BUR hot mopped after power vacuuming gravel surfacing Original 1.5 foam roof insulation hot mopped Vapor retarder contains asbestos Steel Deck - some areas had acoustical metal decking 20 Year NDL Warranty Problem is cupping and curling of polyisocyanurate insulation underneath fully adhered EPDM membrane Moisture located on underside of facer of new insulation and top side of original, existing built-up roof and signs of corrosion of fasteners Job is in Connecticut 27

28 Problem Project #4 20-Year Warranty issued in 2012 Fully adhered.60 mil white TPO membrane installed in bonding adhesive directly to Range II lightweight insulating concrete, 300 psi 4.5 Cast-in-place structural concrete deck 2.5 non-vented metal deck 1,677 squares; Ft. Myers, Florida Blisters; areas of delamination of TPO membrane from LWIC Elevated global moisture content in LWIC and poured structural concrete deck 28

29 Problem Project #5 Re-roofing; removal of two existing roofs, a mechanicallyfastened EPDM top roof with insulation and an underlying asphalt built-up roof with perlite insulation Attached to a metal deck with asphalt EPDM roof removed and underlying insulation removed; then work started on removal of built-up roofing and perlite insulation with roof cutter and mechanized scraper without use of reciprocating function Separation/delamination of spray-applied fire resistive material (SFRM) from the underside of the roof deck during replacement of the built-up roof. Owner filed claim for replacement of SFRM. 29

30 Problem Project #6 Metal framing for photovoltaic solar array installed on top of newly installed EPDM roofing that was under construction. Project struck by Hurricane Sandy. Extensive damage to roofing membrane and interior damage. Negligence claim alleging contractor failed to take steps to secure the solar array when warned that Hurricane Sandy was coming and inadequate securement of solar array to structure 30

31 INSURANCE Commercial General Liability (CGL) - covers bodily injury and property damage, excludes the Work itself Builder s Risk covers damage to the Work itself during construction until final acceptance due to perils (e.g. wind storms, fire, vandalism); customarily excludes defective workmanship, defective materials, defective design Professional Liability - customarily maintained by Architects, Engineers and other design professionals to cover alleged malpractice (negligence) claims Contractor s Errors & Omissions relatively new policy offered by CNA; covers the Work itself for wrongful acts (e.g. negligence) of the insured contractor. It is a claims made policy. Pollution Liability - necessitated by pollution exclusion in CGL policy; covers claims for fumes, spills, discharge of pollutants. 31

32 WHAT ACTIONS CAN ROOFING CONTRACTORS TAKE TO REDUCE THESE RISKS? THREE MEANS TO REDUCE RISK Preparation, planning, precautions and communication Contract provisions Insurance 32 February 18, 2016

33 STEPS ROOFING CONTRACTORS SHOULD TAKE: Scrutiny of contract delete or modify unreasonable, overly broad indemnification provisions Scrutiny and evaluation of deck conditions Add contract provisions to reduce risks Take precautionary steps Be professional and knowledgeable Plan and prepare for potential risks Gain technical expertise Knowledge of building codes 33 February 18, 2016

34 CHICAGO ROOFING CONTRACTORS ASSOCIATION JANUARY 22, 2016 Roofing Claims & Lawsuits Stephen M. Phillips Hendrick, Phillips, Salzman & Flatt, P.C. 230 Peachtree Street, Suite 2500 Atlanta, GA (404) Hendrick, Phillips, Salzman & Flatt, P.C.

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