What is a Construction Defect?

It seems logical to begin the discussion by first defining a construction defect.  Although logical, this is not so simple since there seems to be no standard definition for the term. 

Marianne Sparks at the American Re-Insurance Company has summarized this dilemma best by stating that “what constitutes a ‘construction defect’ is essentially defined by state laws and court definition and interpretation.  In defining “construction defect,” the states and laws and trial courts have created a complex issue.”  She goes on to say, “Generally, this is because each state has its own approach to defining ’construction defect.’  Not only do approaches vary widely by state, but the individual state statutory schemes themselves can be ambiguous, and it can be left to the courts to determine the applicability of the definition of “construction defect” on a case-by-case basis.”1

The main reason for performing a geotechnical investigation is to provide a structural engineer, architect, owner, and/or contractor with information on site subsurface conditions.  The geotechnical report is required to provide structural foundation design, grading criteria, and other soil-related issues including, but not limited to: surface water and subsurface groundwater control, compaction criteria, and future performance determinations. 

PIE's business primarily consists of forensic investigation and analysis. Most of this work has historically occurred after an event has already occurred; thus, we must then "peel the onion back" to determine the root cause of that event.

The ability to conduct this retrospective look has evolved from our many years of successful experience in planning and implementing the same types of projects we now analyze. In other words, proper planning enhances the knowledge needed to look backward, and vice versa.

Do you often have claims resulting from water problems in basements? The causes of water infiltration are numerous, but are typically related to the immediate grading and drainage around homes. Water infiltration can result in damage to structural elements of the home and, more seriously, health issues resulting from mold and fungus under structural basement floors or in the wall cavities of finished basements. Storage items could also be damaged by water exposure, resulting in property loss.

By Edward L. Fronapfel, M.S.C.E., P.E. and Alan D. Gillan, P.E./P.L.S.

We often examine building structures that show signs of failure or have already failed. This part of our work allows us to see first hand how structures fail and examine the factors that contributed to the failure. An example of this type of work is a structural failure on which we consulted.