litigation support solutions

Transcription

1 litigation support solutions

2 Investigation Solutions Design Solutions Energy Solutions Construction Solutions Litigation Support Solutions litigation support solutions ABB s knowledge is based on real world experience repairing failed buildings and new construction design. ABB Experts Represent: Owners (Plaintiff) Developers General Contractors Sub-Contractors Architects Material Manufacturers Our Experience in Building Design and Construction Includes: ABOUT ALLANA BUICK & BERS Allana Buick & Bers, Inc. (ABB) is a leading Architectural Engineering firm that specializes in Construction Defect consulting. For over 25 years ABB has provided attorneys, owners, HOAs, AOAOs and contractors with forensic, roofing, waterproofing, exterior wall, curtain wall, window, structural and mechanical engineering consulting services in support of the construction litigation process. Commercial, Industrial and Retail Multi-Family, HOA, AOAOs and Apartments Single-Family Residences Hospitality and Healthcare Organizations Government, Educational and Institutional High-Rise, Mid-Rise, Low-Rise and Below-Grade Construction ABB Has Over 100 Employees Including: Structural, Civil, Electrical and Mechanical Engineers Registered Architects Registered Roof Consultants and Waterproofing Consultants LEED Accredited Professionals Construction Managers and Licensed General Contractors ABB Specializes in Most Construction Defect Issues Including: Roofing and Waterproofing System Failures Water Damage, Mold Remediation and Dry Rot Repairs Exterior Walls (EIFS, Stucco, Siding, Windows, Doors, Storefronts and Curtain Walls) Deck, Balcony, Lanai and Podium Construction Material Defects Including Chinese/Toxic Drywall, PEX Fittings and Others Mechanical Systems (Chilled Water Line Systems, HVAC and Vibration/Sound Issues) Structural Engineering Issues Electrical Service and Other Building Infrastructure Solar Photovoltaic Systems

3 forensic investigation services ABB provides objective technical assessment of as-built construction; defect analysis and standard of care for design professionals, manufacturers and contractors. Our experts have experience in multi-family and single family homes, commercial and industrial buildings, educational facilities, airports, high-rises and below-grade structures. Our forensic experience includes testifying for construction defects, manufacturing issues, cost estimating, scheduling issues and standard of care. Forensic Testing and Assessment ABB staff has extensive experience conducting both destructive and non-invasive testing and analysis for construction defects. Our investigation methods include random testing protocols, evaluation of original construction documents and review of maintenance history. ABB also assesses fire and life safety, roofing and waterproofing issues, exterior façade elements including stucco, siding and curtain wall systems, mechanical systems including plumbing and HVAC systems, structural systems and architectural issues. ABB assessment reports include referencing building code violations, non-conformance to manufacturer s requirements and industry standards. Leak Investigation ABB is able to determine sources and causes of leaks utilizing a variety of testing methods including American Society for Testing Materials (ASTM), American Architectural Manufacturers Association (AAMA), as well as ABB s proven proprietary methods. We perform water testing on exterior façade elements, windows, curtain walls, roofing systems, below-grade waterproofing, podium slabs, balconies, lanais, stair landings, breezeways, ponds, swimming pools, fountains, plumbing systems, showers and bathrooms. litigation support services When a dispute occurs, ABB can provide you with an objective technical assessment that is needed to reach resolution. In conjunction with the attorney ABB can assist with review of standards of care, quantification of damages, defect analysis, provision of demonstrative evidence and give expert testimony, testimony in deposition, mediation, arbitration or at trial. Forensic Investigation ABB utilizes the latest technology in forensic tools to determine the source and cause of various construction defects. A comprehensive forensic report can ascertain who or what was at fault for the system failure. Expert Witness ABB s experts have the ability to recognize all sides of complex construction defect issues. Our reliable experts will work with your attorney to create a compelling case to resolve disputes. Our experience and ability to effectively communicate information in a clear and convincing manner to the legal profession is critical in helping you obtain the desired results. design and construction experience ABB s staff is skilled in the design and engineering of specialized remedial repair solutions for construction defects. Our expertise for waterproofing, structural, mechanical, electrical and energy efficiency systems are cost-effective and prepared with consideration of regulations, codes and accepted industry guidelines. Architectural ABB provides architectural design services for interior and exterior renovations ranging from simple paint, window and door upgrades, to extensive repair of architectural facades. We have a reputation for preparing the highest quality detail and design documents by our award winning staff. Engineering ABB has in-house civil, mechanical, electrical and structural engineers to develop construction drawings and specifications for your project. Our engineering services include design of roofing, waterproofing, plazas, courtyards, terraces, garden/green roofing, energy efficiency, structural and mechanical systems. Construction Administration ABB utilizes specific quality assurance and control procedures to effectively respond to construction phase requirements including: field design clarifications, submittal and shop drawing review, document tracking, response to change orders, requests for information (RFI) and project close-out documentation. Construction Inspection and Monitoring ABB monitors and documents the construction process to confirm the contractor is conforming to contract requirements. We place special emphasis on the proper execution of critical construction detailing of waterproofing, wall/window systems and roofing assemblies. Effective construction quality control is just as important as sound architecture and engineering practices when it comes to minimizing defects. Site monitoring and inspection of each step of the construction phase can verify that proper installation and material handling is being adhered to. ABB can provide onsite construction support services that can lower the potential for construction defects including roofing, waterproofing and building envelope system related problems.

4 Buildings Are Not Just Skin Deep Determining the cause of building envelope system failures is not a simple task. Many construction defects remain undetected by visual review and require specialized equipment utilized by a forensics expert. Advanced Detection Today s technology has changed the way forensic engineers and architects identify defects in building construction. ABB uses sophisticated tools for investigation such as portable X-Ray technology to investigate missing structural hardware like hold downs and shear transfer clips. Some of our technologically advanced tools include: Nuclear Isotope Troxler Moisture Gauges Digital Thermal Infrared Imaging Capacitance Field Moisture Gauges Electrical Resistance Moisture Meters Thin Film Adhesion Gauges AAMA Approved Spray Racks and Spray Nozzles Digital Microscopy and Measurement Low Energy X-Ray with Digital Film Management Electronic Video and Still Boroscope Imaging X-Ray Fluorescence (XRF) Analyzer toxic drywall investigation Chinese Drywall Inspections ABB Uses Latest X-Ray Fluorescence (XRF) Analyzers Thousands of structures erected between 2001 and 2007 were built using Toxic Drywall that was primarily imported from China. In addition to property damage there may be potential severe health problems that can be caused by the defective drywall. ABB s trained technicians will perform testing and obtain lab results to determine if your drywall contains the contaminants. If defective materials are detected, we will consult with you on both your remedial and legal options. ABB provides drywall testing and mapping services for property owners, attorneys, insurance firms and lenders. stucco defects below-grade waterproofing Seemingly simple items like excessive cracking and leaks in a stucco wall assembly could be a result of the walls having the following defects: Structural substrate too flexible Improper curing of stucco Improper embedment or attachment of lath Improper placement of expansion and control joints Lack of story drift joints Improper mix design Improper flashing and building paper integration Improperly installed or wrong type of window Improper placement of vapor retarders A combination of the above defects or other causes ABB has the necessary experience to properly analyze stucco defects including knowledge in structural engineering, petrographic analysis, waterproofing expertise, stucco trade experience, window expertise, sheet metal expertise and general construction. Below-grade waterproofing failure can result from: Improper selection of waterproofing system Improper use of shotcrete Type of shoring method Soil mechanics and perched water table Foundation drainage issues Improper integration with wall and floor slab waterproofing Improperly installed flashing Damage by other trades A combination of the above defects or other causes Simple failures often involve complex analysis to understand the cause and determine culpability. ABB s team approach to forensically studying and analyzing failures involves all aspects of engineering, architecture, waterproofing, trade experience and construction management.

5 case study #1 case study #2 Case Study Water Intrusion Multi-Family Residence Case Study Structural Single Family Residence Problem: Problem: ABB was retained by the client to investigate chronic water intrusion in the stairwell of a 15 year old building. The problem needed to be resolved to protect residents from potential slipping and falling and to prevent further deterioration of the primary access stair system. ABB was retained by the client to identify suspected faulty installation of structural components and seismic hardware for a private residence. The interior of the residence was finished with an expensive plaster system that made destructive probing prohibitively expensive. Solution: Solution: Digital infrared imaging was utilized to isolate and identify potential sources of water intrusion over a first floor stairwell. The camera permitted visualization of otherwise hidden openings in the shingle roof that were allowing water to leak into the building as indicated by the dark purple coloring in the infrared picture shown here. The leakage patterns that were revealed led to a precise and focused design repair solution. As demonstrated, infrared technology enables ABB s experts to locate damage and deterioration caused by water leakage in roofing systems, window systems, and wall areas. ABB s infrared expertise can save an owner significant time and money when identifying and developing repairs for water damaged buildings. This technology detects the precise location and path of water intrusion and pinpoints only those building elements in need of repair. This process is important to the client as financial resources are utilized only for what is needed to solve the problem. ABB s unique approach was to use non-destructive low energy X-Ray imaging to identify the missing or improperly installed structural components. An extensive review of the home s condition was performed to determine the installed configuration of required seismic restraint hardware. Photographs were taken using a small, low power X-Ray tube and developed on site with a digital scanner and stored on a laptop. Multiple X-Ray images revealed that no hold-down straps were installed in the residence. Photography also revealed that horizontal seismic steel straps were inconsistently installed. ABB established an overwhelming body of evidence proving that major deficiencies in seismic hardware installation were present. Using information gathered from ABB s investigation protocol and findings, the contractors expert and insurer was convinced that the required structural and seismic components were not installed in accordance with the project contract. Based on ABB s compelling findings, the insurer provided funds to correct the proven construction defects. Upon determining the location of construction defects and missing components, the removal and replacement of the unique and expensive finishes were minimized.

6 questions and answers The following addresses some of the most frequently asked questions that property owners and property managers have regarding the expected condition of their newly constructed building, the standard of care owed by builders and the remedies available to an owner in the event of water intrusion or leaks into their property. Q. What can I expect from my builder with respect to the quality and condition of my property? A. Builders are required by law to design and construct your property in such a manner that it be free from defects such as water intrusion and leaks. This includes ensuring that roofs, ventilation, decks, balconies, stairs, foundations, exterior siding, stucco, plumbing lines, doors, windows, patios and all associated systems (assemblies, framing, substrate and flashings) are constructed in such a manner as to prevent water from passing beyond, around or through these systems. Q. What is the first step to be taken in the event water leaks, mold or structural failures are discovered? A. It is recommended that the first step is to meet with a forensic consultant to investigate and document the potential sources of water intrusion, mold or structural failure. ABB specializes in forensic investigation and remediation with extensive expertise in investigating and documenting all potentially damage causing conditions in your home. ABB also develops procedures to ensure that the conditions are repaired in a proper and sustainable manner. Q. How do I know if a claim can be issued arising from the condition of my property? A. Any observance of water penetration in the form of condensation, water stains, mold or leaks, indicates that something is probably wrong with the performance of your building. Upon discovery of these a qualified forensic waterproofing expert should be consulted to determine the nature and extent of the problem. Q. What are my options with respect to repairing my property and being compensated for damages? A. You have four options with respect to addressing your home s constructed related defects and recovering your damages: 1) repair your property and move on; 2) repair your property and sue those responsible; 3) sue those responsible and then repair your property; or 4) do nothing. The option you choose will depend upon a number of factors. Two important facts are money and the condition of your property. If your property is uninhabitable as a result of the defective conditions, you may not have the luxury of waiting until after you have collected a judgment from the builder and other responsible parties before repairing your property. If the repairs are costly it may be more sensible to commence litigation and recover your damages before spending money to repair your property. ABB will provide you with an understanding of the cause of your construction defects and the costs associated with repairing those conditions. Q. In the event that I decide to initiate a lawsuit what steps need to be taken to ensure success in protecting my rights against those responsible for causing damage to my property? A. No one is guaranteed of winning a construction defect claim, but in order to give yourself the best chance of presenting an organized and persuasive case it is recommended that you retain a waterproofing consultant with litigation expertise. Although attorneys are an important part of the litigation process and can certainly help guide you through the intricate legal parameters of your case, only an expert will be able to discover the technical facts and details concerning the condition of your home and articulate those facts to the builder, jury or judge. Indeed, cases are often decided based upon the comparative qualifications and skill of the parties experts. ABB is widely regarded in the industry as having both technical and litigation expertise. ABB possesses a unique combination of skills to assist you in navigating the complex arena of construction defect claims. Q. How long do I have to initiate a lawsuit against those responsible for causing the damage? A. The Statutes of Limitations for bringing a lawsuit is a very convoluted issue and dependent upon the facts of each case and the state that the property is located. As a general rule, in most states you have 10 years from the time the construction took place, however, you have three (3) years after discovery of a defective condition to file a lawsuit. Washington State and some other parts of the country have very different law regarding Statutes of Limitations. In the event you are aware of water leaks, staining, mold or other water related conditions in your home, it is strongly recommended that you consult with your attorney to discuss the applicable Statutes of Limitations. Q. What issues should I be aware of when hiring a contractor to repair my property? A. There are several important factors to consider when hiring the right contractor. First, verify that the contractor is properly licensed to perform the necessary work and that the license is current. Second, the contractor is required to inform you if they carry general liability insurance. Although a contractor need not be insured to perform the work it is advisable to hire one who does have coverage. Third, request that the contractor provide a schedule for the duration of the work, specific scope of work and a fee for each element of work. Read the contract before you sign it. Does it contain a limitation of liability clause or an attorney fees clause? If the contract is complicated it will take about an hour for a qualified attorney to review the agreement with you to ensure it is fair. Lastly, should any of the work require permitting, verify that the contractor has obtained the necessary permits before work commences. You may want to contact the State Contractors License Board for additional resources and suggestions. Local Information Pertaining to Construction Defects For property owners the importance of knowing your rights and remedies concerning the condition of your property is vital to your financial investment. Many states including California, Nevada, New York and Hawaii have enacted legislation to protect owners in the event that construction and design defects are revealed in a newer constructed building. For geographical information specific to your building, home, condominium or apartment please visit this site:

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