Beyond the Building Code: A Forensic Approach to Construction Defect Evaluation Utilizing the Construction Variance Evaluation Methodology
The applicable building code provides prescriptive specifications that allow construction of the built environment without the need for design professionals to dictate every aspect of every project; however, the building code does not consider all available materials, designs, and/or methods of construction — nor does it consider possible alternatives or construction variances. Since there is more than one way to accomplish a goal, a forensic investigation should consider the intent and purpose of a prescriptive specification (i.e., the desired performance) in order to determine whether an as-built construction variance is capable of accomplishing the same without adversely affecting a structure. This paper will explore the installation of cement plaster veneer and manufactured window assemblies to demonstrate how construction variances can still meet the intent and purpose of applicable prescriptive specifications. As a result, a true forensic approach to construction defect evaluation should not blindly follow prescriptive specifications. Instead, it should employ engineering analysis and a practical method such as the construction variance evaluation methodology (CVEM) to consider the performance aspects of construction variances before concluding that such variances are construction defects.
- Research Article
35
- 10.1016/j.conbuildmat.2020.118165
- Feb 8, 2020
- Construction and Building Materials
Experimental study on post-fire performance of half grouted sleeve connection with construction defect
- Research Article
- 10.24191/myse.v11i3.3918
- Dec 31, 2024
- Malaysian Journal of Sustainable Environment
Construction defects are a widespread problem in Malaysia, just as they are in other countries throughout the world. Furthermore, a significant proportion of the construction defects that have arisen are not adequately documented. Particular defects have the potential to bring about the emergence of further problems. It is possible to prevent the creation of several additional problems if the basic defects are identified and resolved at an early point in the process. The primary objective of this research was to recommend significant solutions toward minimising construction defect occurrence during the defect liability period for residential projects in Kuala Terengganu. To gather insights, a questionnaire survey targeting 71 registered building surveyors was conducted and 30 positive responses were returned in a usable format with a 42% response rate. The survey instrument gauged their perspectives on mitigating construction defects. Correspondingly, 30 questionnaires were collected and analysed using descriptive analysis and Confirmatory Factor Analysis (CFA) using SPSS software version 29 to derive findings. The results emphasize the importance of implementing a six-phase approach to efficiently minimize construction defects. These phases include raising awareness, conducting investigations, identifying defects, evaluating findings, implementing remedies, and pursuing financial recovery. Such a systematic approach holds promise for offering substantial solutions to mitigate construction defects in residential projects, serving as valuable references for stakeholders including the construction industry, developers, and the public. Moreover, this study fills a notable gap in the existing literature and enhances understanding of construction defects, paving the way for the adoption of improved construction methodologies in the future.
- Research Article
- 10.51501/jotnafe.v32i2.20
- Jan 1, 2015
- Journal of the National Academy of Forensic Engineers
Forensic investigations of water leakage through building envelopes often involve complex investigation techniques and testing. In many cases, forensic investigators perform testing under controlled conditions to recreate the leaks and to determine whether design and/or construction defects resulted in leaks. However, construction-related litigation involves complex lines of contractual responsibility and multiple parties. As such, allocating responsibility to various parties requires an increased level of scrutiny. This paper provides an overview of typical construc-tion defect cases and how the lines of contractual obligations can impact the scope of investigation by a forensic engineer. As a case history, a forensic engineering investigation of water leakage reported in a recently constructed building will be reviewed. The plaintiffs’ experts performed testing to recreate the leaks, and adequately proved that the designs or construction methods of the exterior walls were defective. However, they were unable to prove causation attributed to one prime contractor who did not settle prior to trial. At trial, the defendant’s expert demonstrated other potential paths of water leakage that were not attributed to the defendant, raising sufficient doubts about the liability of the sole defendant at trial.
- Research Article
1
- 10.1016/j.jobe.2024.108436
- Jan 2, 2024
- Journal of Building Engineering
Experimental investigation on mechanical performance of kerf anchorage of stone cladding considering construction defects
- Research Article
2
- 10.1061/(asce)la.1943-4170.0000418
- May 14, 2020
- Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
Across the United States, increased development continues to lead to an increase in construction defect litigation, particularly for multifamily for-sale projects. This research builds on previous research that identified common construction defects and suggested the majority of common construction defects generally relate to keeping water out of or flowing away from a building or structure. This research, therefore, focused its analysis on defects related to site civil engineering. The authors analyzed 43 construction defect cases litigated between 2012 and 2019, which include issues related to site civil design and construction in and around buildings. New findings begin to quantify the economic impact of site civil issues and alleged construction defects on commercial and residential projects. The contribution of this research is (1) identification and characterization of civil engineering–related defects, and (2) quantification of potential financial impacts related to site civil issues with the goal of helping to reduce future construction defect litigation.
- Research Article
24
- 10.1016/j.ress.2019.106777
- Dec 24, 2019
- Reliability Engineering & System Safety
Construction defects and wind fragility assessment for metal roof failure: A Bayesian approach
- Research Article
3
- 10.2478/ace-2019-0048
- Dec 1, 2019
- Archives of Civil Engineering
The authors developed the definition of construction defect and fault and construction defect management based on Polish and foreign publications. In order to assist identification of faults and their analysis in the process of home collection, the authors applied the Case Based Reasoning (CBR) method. In the paper, the authors used Case Based Reasoning (CBR) to support acceptance of apartments. The CBR method allows to determine the magnitude of global similarity for the problem under consideration between the new and old case from the Case Base, using weighted sums of local similarities using criteria weights as coefficients. As a result of CBR-based solutions, an Employer’s representative receives information about the type of construction defects that can be expected, their location and significance, occurrence frequency, and estimated repair cost.
- Research Article
- 10.4028/www.scientific.net/amm.357-360.1507
- Aug 8, 2013
- Applied Mechanics and Materials
The influence of the tunnel construction defects on the tunnel stability is one of the important research problems. This thesis would take the tunnel project in Liaoning as an example to analyze the influence of the tunnel construction defects on the tunnel stability. Models with the hole in different range are carried out to study the influence of the tunnel construction defects on the tunnel stability. On the basis of the model test results, the thesis makes the numerical simulation analysis. According to the model test and numerical analysis, models with the different range hole are different in damage trend. The thesis puts forward some construction defect prevention measures for the tunnel project.
- Research Article
- 10.6110/kjacr.2019.31.1.045
- Jan 31, 2019
- Korean Journal of Air-Conditioning and Refrigeration Engineering
While MEP/FP construction scope and cost for apartments are getting increased, defect disputes between owners and constructors are also getting increased. More than often, owners’ dissatisfaction over construction defects and constructor’s reaction tends to increase filing lawsuits. This study aims to provide an analysis of residential building construction defects, in particular for mechanical and plumbing works, which are classified into nine groups and typed according to defect severity to investigate the causality. Based on the analysis, this study suggests a preventive and continuous construction quality improvement guideline for practitioners. The defect data has been collected for about 20,050 apartments units built by A construction firm from 2010 to 2017. 84.6 percent of the collected defects are found in sanitary plumbing, drain and sewage piping, hot water piping, and unit ventilator and fan installation works; the detailed defects for each work are classified and the causes are carefully investigated. Eventually the database containing case studies, causes and effects, preventive measures, and warranty measures has been developed. This database can be used as an education material for agents in charge of the quality warranty on after project delivery as well as the quality assurance right before project delivery. It is authors’ strong recommendation that the construction defect database should be built and managed at the enterprise level, the experience and knowledge of which needs to be shared by all stakeholders.
- Single Report
1
- 10.5703/1288284317615
- Jan 1, 2023
During the lifecycle of a bridge, deterioration of the concrete deck originates from many sources, e.g., corrosion due to water infiltration in conjunction with chlorides from the use of de-icing salts. Such deterioration may be affected by any one of the following six actions relevant to a bridge from conception to demolition: design, construction, in-service conditions, maintenance, repair and rehabilitation, and replacement. Many researchers have studied the relationships between these sources and their consequences. However, the relationship between construction defects and inspection practices, and its impact on the deterioration process has not yet been identified. This project focuses on the development of predictive models to assess the impact that defects present during concrete bridge deck construction may have on the lifecycle performance of the bridge deck in terms of the chemical and environmental deterioration relevant to Indiana. Based on the relevant cost information from the Indiana Department of Transportation (INDOT), a methodology is developed here to determine the potential costs associated with this deterioration. Recommendations relevant to construction and inspection and data collection practices are discussed to improve future bridge construction and inspection practices. The models and methods developed in this work will enable INDOT to better predict the accelerated deterioration of a concrete deck when a construction defect has been identified and the associated additional cost.
- Research Article
7
- 10.1016/j.conbuildmat.2023.131817
- May 31, 2023
- Construction and Building Materials
Construction defect identification for structural sealant by statistical driving-point accelerance
- Research Article
- 10.1121/1.413120
- Nov 1, 1995
- The Journal of the Acoustical Society of America
Defects in multifamily construction have plagued the building industry in recent years. These defects are elements of the completed building which do not meet building code standards and/or may not conform to the architectural details or specifications. Additionally, defects in construction may involve contractual considerations and the homeowner complaint history. The identification of acoustical defects in multifamily construction requires a comprehensive review of the project documentation and field tests of a representative number of the floor–ceiling and/or party wall separations. The noise level of air handling equipment, elevator systems, and plumbing installations are also obtained. The findings of these tests are compared to noise insulation standards, established guidelines, and in some cases, home buyer expectations. Marketing information and disclosures conveyed at the time of sale are factors which may influence the evaluation of defects. Additional investigation usually involves destructive inspections of the actual assemblies, plumbing and equipment installations. These inspections are vital to the identification of recommended repairs. The various defects observed in multifamily construction within California will be indicated and the conflicting interests of homeowners, builders, and subcontractors will be discussed.
- Research Article
- 10.1121/1.4781160
- Oct 1, 2003
- The Journal of the Acoustical Society of America
The proper acoustical design for multi-family dwellings is an important factor in occupant comfort. Key acoustical design practices are often not mandated by the builder or architect, but by the applicable building codes. In early 2003, the three regional/national building codes agreed to join into a single, unified national building code for residential and commercial construction. The scope and governance of these three codes: the Uniform Building Code (ICBO), the National Building Code (BOCA), the Southern Building Code (SBCCI) are reflected in the International Residential Code (IRC) and the International Building Code (IBC) which was developed by the International Code Council (ICC). With the move to a single code body, those concerned with building acoustical performance welcome the benefit of a single minimum standard. Unfortunately, this new minimum performance requirement does not reflect the state of the science for occupant satisfaction. The acoustical requirements of each of these building codes, the timeline of their development and an overview of the state of the science will be presented. Suggestions for revised performance minimums will also be offered for discussion.
- Conference Article
3
- 10.2118/5971-ms
- Feb 17, 1976
Fixed Platform Design for South East Asia
- Research Article
- 10.51501/jotnafe.v34i2.49
- Jan 1, 2017
- Journal of the National Academy of Forensic Engineers
In a recent construction litigation case, there was a disagreement between two qualified engineering experts regarding the technical requirements of a masonry veneer cladding system that was installed on the exterior walls of a residential structure. The disagreement among the experts was related to the classification and function of the veneer cladding system. Specifically, the classification of the cladding system as cast stone or adhered masonry veneer directly impacted the functional requirements set forth by applicable codes and standards. Depending on this classification, the veneer system may or may not be subject to various aspects of the building code, industry standards, and code evaluation reports. The primary areas of concern included the attachment of the panels (i.e., anchored vs. adhered) to the masonry substrate, the extent of water intrusion, and the need for water management details (i.e., flashing and weep holes). Both expert witnesses relied on applicable building codes, industry standards, and manufacturer literature to form their opinions to a “reasonable degree of engineering certainty,” yet these technical differences remained. This paper presents the technical highlights of this case study and identifies the issues where building codes and applicable standards require further clarification.
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