Construction Projects: How to Stop Building Castles in the Sky – Lawyer Monthly | Legal News Magazine

Construction Projects: How to Stop Building Castles in the Sky

Until the construction industry can become more focused on quality workmanship based on best practices, our buildings will be vulnerable to durability and life safety issues. We speak with Derek Hodgin, Founder of Construction Science and Engineering (CSE) who states that: “whilst CSE enjoys evaluating construction issues, we would like to educate the industry regarding what we have learned. The best way to improve our industry is to understand the failures that we have investigated and implement best practices into our design and construction practices to avoid the same mistakes in the future.”

Derek explains how each case that CSE is retained to evaluate provides an opportunity to learn about the effectiveness or failure of specific construction details. He expands to say: “This knowledge will provide the basis for improving construction practices in the future.”

He discusses with us the problems he sees in construction on a daily basis and ways in construction projects in the Caribbean addresses mother nature and natural disasters more effectively than the US.

 

What are common reasons to why you are called for expert advice during lawsuits?

Water intrusion is the most common building performance issue that CSE is called to investigate. The CSE team has expertise in building envelope issues (roofing, exterior walls, windows/doors, balconies, waterproofing, etc.) that are typically associated with water intrusion. CSE is also called to investigate product defects, foundations and structural framing, geotechnical issues, coastal structures such as docks and seawalls, construction specifications and premise liability.

 

How many of these issues that arise throughout construction are a result to budgeting problems? What way would you recommend clients to overcome this?

There is definitely a relationship between construction budgets and defects. Obviously, building to code-minimum standards represents the lowest cost building, but durability may be compromised or reduced. We recommend building beyond the code by incorporating “best practices” to improve durability. The cost of incorporating better construction details is considered to be small when compared to costs associated with typical litigation and/or post-construction repairs. Unless owners and developers are shown an immediate benefit to building above minimum standards, and proceed to build to those standards, our construction projects will continue to suffer from durability issues. Contractors that utilize competent and reliable subcontractors (and do not simply select subs based on price) will typically have more favourable results. General contractors should retain subcontractors that are familiar with the industry standards that apply to their work. These standards typically incorporate best practices that will improve durability and reduce the risk of problems.

 

What further considerations must you make when dealing with engineering assessments of natural disasters (flood, hurricane, etc.) damages?

It is always important to keep an open mind when evaluating natural disasters and to never underestimate the power of mother nature. That segment of the forensic engineering market is now dominated by young, less experienced engineers, employed by large firms that can offer the insurance company a low price. The lack of experience and desire to provide reports favourable to insurance clients has resulted in improper evaluations that have served as a “black eye” for forensic engineering. CSE is typically retained by insurance clients to settle disputes arising from differing evaluations. It is most important to provide an objective engineering analysis of each claim, with little to no emphasis on what is covered or not covered by an insurance policy. We provide our expertise regarding the cause and extent of the loss and let the insurance company provide their expertise regarding the insurance coverage.

 

How do construction based issues differ in the US in comparison to the Caribbean?

The construction pace in the United States is much faster than the Caribbean. Unfortunately, the construction industry in the United States can be focused more on schedules and profit, and less on quality. In the Caribbean, the pace is much slower, but the quality is typically better. There seems to be a higher appreciation for the environmental conditions that can damage buildings in the Caribbean, such as wind and rain events, salt-laden air that can cause corrosion, strong sunlight (UV) exposure and storm events such as hurricanes. For this reason, the materials used in the Caribbean (typically reinforced concrete) are less vulnerable to water damage than the wood framing that dominates the residential and light commercial projects in the United States.

In the United States, CSE typically investigates building performance issues in the context of construction litigation. Most buildings are less than 8 years old. Some buildings have significant damage and require extensive repairs. In the Caribbean, CSE is typically retained by property owners to document existing building conditions and provide maintenance and/or repair recommendations. Most projects are many decades old and simply require updated building components such as roofing, windows, doors, etc.

 

How have you seen the two jurisdictions develop in relation to the regulations behind construction?

The United States put forth the International Codes (I Codes) in 2000 and every 3 years after. The current code is the 2015 International Building Code (IBC). The United States certainly seems to be more regulated, but has more issues with construction defects. While the building codes are enforced in the Caribbean, the construction seems to be based more on accepted best practices that exceed building code requirements, resulting in less problems.

 

Do you think one jurisdiction could adopt the other’s regulations in order to better develop? If so, which and why?

No, I do not believe that additional regulations will improve construction, particularly since the regulations that we have are not completely effective. This opinion is based on the last 2 decades of building code revisions and the extent of construction defects that CSE investigates. All of the buildings that we investigate were intended to meet building code requirements, but typically fell short, compromising durability and safety. In order to improve construction, best practices need to be promoted.

 

Derek A. Hodgin, P.E., RBEC, CCCA

Construction Science & Engineering, Inc.

218 East Main St.

Westminster, SC 29693

derekhodgin@constructionscience.org

Office: 864-647-1065

 

My name is Derek Hodgin. I am the Owner and Founder of Construction Science and Engineering, Inc. (CSE). CSE is a forensic engineering and architecture firm that investigates performance issues in the built environment. CSE is typically retained by owners, property managers, insurance carriers and attorneys to determine the cause and extent of damages. CSE provides opinions regarding design, construction and product defects and offers effective repair solutions. The CSE team is retained by a good balance of both plaintiff and defense parties. CSE also offers design and repair services to building owners to maximize the service life of building components.

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