Abstract

In a construction defect lawsuit of a multifamily residential project, the determination of whether a defect exists often hinges on the criteria applied. For many acoustical items, such as plumbing and HVAC noise, there are no code requirements but a number of guidelines and recommendations. For items such as noise from traffic or airborne and impact sound isolation between units, minimum code requirements exist, but often a more stringent standard is applied. How does an expert decide when it is appropriate to apply an acoustical standard that is beyond that required by building codes? Project drawings, marketing materials, homeowner regulations, and other documents can provide indications of the intent and promise of the project as it relates to acoustical issues. The process is discussed with examples from recent cases.

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