CASE STUDIES CONSTRUCTION FORENSICS: FAILURES, RISKS & LIABILITY



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CASE STUDIES CONSTRUCTION FORENSICS: FAILURES, RISKS & LIABILITY STUART SOKOLOFF, P.E. PRESIDENT CONSTRUCTION ENGINEERING TECHNOLOGY SERVICES P.C. (CTS GROUP) N.Y. CITY: (212) 239-0135 LONG ISLAND: (516) 746-0072 BOCA RATON, FL: (561)465-2889

Opinions a. Half empty? b. Half full? c. The water is poisoned

Value Methodology Value Engineering What to construct Value Construction How to construct

Value Engineering Design Applicability Value / (Cost) Risk Constructability Safety

Risk: The chance of a negative event Mitigation: Reduces the chance Avoidance: Eliminates the chance Liability: With every event

FORMAL RISK

INFORMAL RISK

RISKS Designer Project Contractor (Designer & Contractor) Approach Schedule Changed Conditions Errors & Omissions Staging (With Owner) Design To Cost Access Delay (Schedule) Constructability Means & Methods Temporary Structures

RISK RISK DESIGN (VE) CONSTRUCTION COST SCHEDULE/DELAY QUALITY LIABILITY INJURY/DEATH PROPERTY DAMAGE FAILURE/COLLAPSE

BASICS OF A PRODUCTIVE VA STUDY NOT IN CONTROL OF: Quality of design Intervention of owner Quality VE Productivity (V= ) 1 DQ Overall time IN CONTROL OF: Time allocation Productive days Risk evaluation: DESIGN & CONSTRUCTION Idea selection (surgeons & shoemakers)

REGISTER RISK ITEM PROBABILITY X SEVERITY = RATING MITIGATION

PROBABILITY MODEL (MONTE CARLO, ETC) SINGLE OR GROUPING (AVG. P) a) RANGE/LIKELIHOOD % CHANCE b) ESTIMATE IMPACT RANGE/LIMITS c) COMPUTER SIMULATIONS REVENUE SCHEDULE COST P IMPACT

RISK IN VA: MAKE TIME!! Information Function analysis [fast: as fast as possible] Idea generation Idea selection RISK IDEA GENERATION & SELECTION REPRISE Write-up Presentation

SUMMARY VA & RISK COMPATIBLE VARIABLE VA IMPROVES VALUE V = F $ VARIABLE RISK MITIGATION REDUCES THE CHANCE OF A NEGATIVE EVENT R = F $ PROBABILITY PROBABILITY

FORMAT CASE FAILURE RISK CAUSE MITIGATION/ AVOIDANCE LIABILITY

CONSTRUCTION FORENSICS:construction technology services CASE FAILURE RISK CAUSE MITIGATION/ AVOIDANCE LIABILITY World Trade Center, NYC Access Mat Slip,Trip, Fall Mud covered mat Dewater & excavate Contractor Owner

CONSTRUCTION FORENSICS:construction technology services CASE FAILURE RISK CAUSE MITIGATION/ AVOIDANCE LIABILITY Building Foundation,NJ Piles & Mat Foundation failure Design & installation Proper Eng & QA Engineer Contractor

CONSTRUCTION FORENSICS:construction technology services CASE FAILURE RISK CAUSE 2 ND Ave, NYC Tilt Collapse Adjacent Demolition MITIGATION/ AVOIDANCE Reinforce Building LIABILITY Pre-Existing

CONSTRUCTION FORENSICS:construction technology services CASE FAILURE RISK CAUSE E. 13 th St., NYC Underpin Building crack Poor underpinning MITIGATION/ AVOIDANCE Proper design LIABILITY Engineer

CONSTRUCTION FORENSICS:construction technology services CASE Failure RISK CAUSE MITIGATION/ AVOIDANCE LIABILITY Englewood, NJ Paving Joints Damaged Courts Improper sealing of jt Proper construction Contractor

CONSTRUCTION FORENSICS:construction technology services CASE FAILURE RISK CAUSE MITIGATION/ AVOIDANCE LIABILITY East River Barge, NY Block fall Injury Improper rewiring Rewire block set on barge Crane Op. Owner

CONSTRUCTION FORENSICS: CASE FAILURE RISK CAUSE MITIGATION/ AVOIDANCE LIABILITY Demolition Collapse HIGH Under investigation Could have, Should have Contractor

CONSTRUCTION FORENSICS:construction technology services CASE FAILURE RISK CAUSE MITIGATION/ AVOIDANCE LIABILITY Throgs Neck Bridge, NY Platform Shield Fall, Injury, Death Improper insp procedure Replace shield Eng./Cont./ Owner

CONSTRUCTION FORENSICS:construction technology services CASE FAILURE RISK CAUSE MITIGATION/ AVOIDANCE LIABILITY Verrazano Platform, NY Fall Fall, Death Not following procedures Supervision Worker

Example: Verrazano Platform

Isn t it amazing how things get done despite all of our efforts -Irving The General Roth Circa 1979

Issues/Discussions Liabilities: OSHA: Engineers/Architects/Contractors/Owners General Contractors NY State Labor Law: LL 200: Contractors/Owners who controls the work LL 240(1): Scaffold/Gravity LL 241.6: Specific violation of Industrial Code State/City/Local: Building Codes