scholarly journals Forensic Investigation of Water Leakage Issues into Buildings, Recreating the Leaks Vs. Determining the Cause

Author(s):  
Kami Farahmandpour

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.

Author(s):  
D.S. Sax Saxena ◽  
Saxena Anu

The Influence Of Construction And Pile Driving Vibrations On Surrounding Buildings, Including Hospitals And Eye Examination Facilities, Sensitive Devices Such As Computers And Surgical Microscopes Or Electronic Machines, And People In The Urban Environment Is A Significant Consideration In Obtaining Project Approvals From Appropriate Agencies And Authorities. Implementation Of Construction Projects In Areas Adjacent To Existing Buildings (Aged, Historical, Residential, Commercial, Industrial, Medical Services, Or Electronic Services) Creates Additional Difficulties. Specialized Case History Is Presented Where Damage To Sensitive Structures From A Variety Of Vibratory Construction Methods Ranging From Pile Driving, Highway Construction, Rock Excavation And/Or Blasting, Was Considered. Twenty Homeowners From A Residential Subdivision In The Florida Panhandle, Claimed Damage Including Cracking To Their Properties During Construction Of Various Portions Of City Storm Water Treatment/Enhancement Project. It Was Also Alleged That During Excavation And Construction Of Drainage Structures, Especially Four Subsurface Treatment Vaults That Required Installation And Extraction Of Sheet Piles Using Vibratory Hammer, Stability Of The Nearby Residential Structures Was Endangered And Resulted In Movement/Cracking. Forensic Engineering Analysis Was Effectively Utilized To Identify, Investigate, And Remediate The Concerns As Well As Assist In Litigation And In Some Cases Avoidance. This Technical Paper Presents Some Legal Issues Related To Litigation, Mediation, And Resolution Involving Jurisprudence System And Introduces A Case History That Includes All Elements Of Forensic Engineering.


Author(s):  
Michael D. Leshner

Cars And Trucks Experience Fires Due To A Variety Of Causes, And The Loss Is Generally Limited To The Value Of The Burned Vehicle. When A Vehicle Defect Or Recent Repair Is Suspected To Be The Cause, The Modest Economic Value Of The Loss Does Not Usually Warrant A Forensic Engineering Investigation And The Expense Of Litigation. However, When Vehicles Burn Inside A Garage Or Other Structure, The Value Of The Loss Can Be Much Greater, And A Thorough Investigation By Fire Investigators And Forensic Engineers Is Often Warranted To Support Potential Litigation. This Paper Will Review Some Cases In Which A Vehicle Burned Within A Garage, Causing Damage To The Structure. In Some Of Those Cases, The Cause Was Clearly Identified And Successfully Litigated. Challenges And Strategies Related To Those Cases Will Be Discussed.


Author(s):  
William R. Broz

A Below-Grade, Nps 12 Pipeline Serving A Major Commercial Marine Terminal Failed At A Flanged Joint, Causing A Major Leak And Contamination Of The Surrounding Soil. The Gasket At The Failed Joint Showed Evidence Of Localized, Radial Through-Leakage. At The Terminal, The Initial Excavation Of Contaminated Soil Caused Minor Damage To Several Non-Leaking Segments Of Pipe And The Author Was First Tasked To Oversee The Related Inspection, Weld Repair And Corrosion Protection Work. The Author Subsequently Performed A Forensic Pipe Stress Analysis Of The Affected Portion Of The Fuel Oil System Per The Governing Pressure Piping Code. The Results Indicated That The Leaking Joint Failed With Respect To The Code Criterion Of Equivalent Pressure. Further Investigation Revealed That The System As Originally Designed Was Entirely Of Butt Weld Construction With No Flanged Joints, And Would Have Complied With All Code Requirements. The Investigation Determined That The General Contractor Had Made An Unauthorized Substitution Of Flanged Joints For Butt Weld Joints, Without Informing The Owner Or Design Engineer Of Record.


Author(s):  
Robert N. Anderson

Zinc-Rich Brasses With The Zinc Content Above 30% Can Be Involved In Corrosion Processes With Catastrophic Results. The Dezincification Results In A Low Strength Copper With A Porous Sponge Like Structure. The Case, Where Dezincification Occurred With Massive Impact, Involved 34,000 New Homes In An Urban Location In Nevada. These Homes Were Constructed Using Building Code Approved Plastic Pex Tubing For Plumbing With Brass Fittings. Leaks Developed In The Home Plumbing Systems After Approximately 3-6 Years. This Failure Resulted In Lawsuits Involving Home Owner Associations, Insurance Companies, Contractors, Plumbers, Architects, Manufacturers, And Suppliers.


Author(s):  
Richard Ziernicki ◽  
William H. Pierce

In the United States, approximately 35 children under the age of five years old drown each year after access-ing above-ground pools via pool ladders. Consumer Product Safety Commission (CPSC) data also shows that approximately 486 additional children sustain submersion-related injuries after accessing above-ground pools via pool ladders. In many cases, these events occurred during brief lapses of adult supervision. This paper fo-cuses on potential product defect issues related to child submersion accidents, including the role of user manuals, alternative designs, warnings, instructions, and child behavior testing. The authors examine the issues related to the investigation of above-ground swimming pool submersion accidents. In addition, procedures and steps are outlined that may be useful in analyzing whether the swimming pool is defective and unreasonably dangerous.


Author(s):  
John Leffler

A forensic case involved an allegation of defective minivan brake repairs. On a wet two-lane road, the minivan left the road while stopping, and impacted a telephone pole. The plaintiff driver’s complaints implied a dragging brake, and the plaintiff ’s expert reported a bent lower caliper bolt. This forensic investigation involved instrumented exemplar analysis of the effects on caliper drag that could be caused by a bent caliper bolt. The investigation methodology was chosen (in part) based on significant evidence spoliation on the part of the plaintiff ’s expert. This paper will also discuss the effects of the spoliation and resulting limitations on the scope of the analysis.


Author(s):  
Daniel P. Couture

A farm owner was found unresponsive with crushing head injuries on his property in rural Ontario. His small farm tractor was found 60 meters away down a small incline with the engine running and transmission in neutral. The owner’s son alleged that when the parking brake was engaged (with the engine running and transmission in neutral), this tractor’s parking brake would “pop out,” allowing the tractor to move. Field tests were conducted on the tractor to attempt to duplicate the scenario and to determine if the alleged sequence of events was plausible. Components of the parking brake and one exemplar were assessed with specialized metrology to determine whether they were within the manufacturing specifications on the blueprint. A 3-D CAD model of fit was created, and several variances were identified between the parts and the factory drawing. The results of the analysis concurred with the scenario that these variances led to the disengagement of the parking brake and operator fatality.


Author(s):  
D.S. Sax Saxena

The Specialty That Deals With Investigation Of Failures And Performance Problems In The Geotechnical Environment Is Known As Forensic Geotechnical Engineering. It Involves Scientific And Jurisprudence Related Investigations And Evaluation To Analyze The Causes Of Structural Distress That Originate From Geodomain. Forensics In The Geo-Domain Encompass An Extensive Array Of Topics With Specific Emphasis In Geotechnical Related Fields. Mostly, They Apply To Failures After They Occur. Such Analysis And The Evaluation Of Selected Remedial Measures, Along With Their Effectiveness And Economy, Are Normally Subjected To Judicial Scrutiny. A Case History Is Presented Where Forensic Engineering Was Effectively Utilized To Identify, Investigate, And Remediate The Problem As Well As Assist In Litigation.


Author(s):  
Nicholas A. Petrucci

A Worker (Plaintiff) Fell From A Step-Ladder And Was Injured. The Purpose Of The Forensic Engineering Investigation Was To Determine The Cause(S) Of The Incident, And In Particular, If The Incident Was Caused By A Ladder Defect. The Incident Ladder And A Representative Incident Scene Were Inspected. Various Discovery Documents And The Applicable American National Standards Institute (Ansi) Standard Were Reviewed. A Critique From The Opposing (Defendant) Expert Is Presented And Addressed. The Cause Of The Plaintiff Fall From The Ladder Was Determined To Be Its Sudden Instability Due To The Failure Of A Rivet That Secured The Top Cap To The Left-Front Rail. The Failed Rivet Was Not Recovered. Further Analysis Indicated That The Cause Of The Rivet Failure Was Its Defective Design Coupled With Its Reduction In Shear Load Capacity From Normal And Improper Use Of The Ladder. The Determination Of The Defective Design Of The Rivet Was Confirmed By Subsequent Design Improvements Of The Ladder. The Relevance Of The Analysis Performed Is Discussed. Various Noteworthy Points Are Presented For Consideration For Forensic Engineers Of Various Technical Disciplines.


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