Codes, Standards, and Practice in Defect Claim Evaluation: Which Requirements Apply? CLE

Codes, Standards, and Practice in Defect Claim Evaluation: Which Requirements Apply?

June 2011

Codes, Standards, and Practice in Defect Claim Evaluation: Which Requirements Apply? - LIVE IN DENVER

Program Description:

Many construction defect claims hinge on establishing non-compliance with building code, project specifications, or applicable industry standards. Sometimes inapplicable requirements are cited, or requirements are cited even though the installation is substantially compliant. When construction is in fact or arguably non-compliant, presence or absence of performance consequences may determine the outcome: real problems cause harm, while mere non-compliance in the absence of damage does not. Understanding applicable requirements and how to identify actual performance consequences can help attorneys distinguish between legitimate defect issues and spurious claims.

Issues to be Discussed:

1. Building Codes

a. History

b. Adoption

c. Which version applies?

2. Project Documents

a. Plans and Specifications

b. Referenced Industry Standard Documents

3. Standard of Care

a. Contractors

b. Designers

4. Damage and Tolerance

5. Testing

6. Claim Evaluation

Presented by David Transue, M.S., P.E.

Agenda:

11:30 am - 12:00 pm Registration

12:00 pm - 1:00 pm Program (Lunch Provided)

About the Faculty:

David J. Transue, M.S., P.E.

Exponent, Inc.

David Transue, M.S., P.E., is a Managing Engineer in Exponent's Buildings and Structures practice. He specializes in structural and nonstructural condition and failure assessments of buildings, non-destructive evaluation and imaging, masonry and concrete material analysis, and the restoration, repair and retrofit of structures. Mr. Transue has investigated a variety of structure types, including low and mid-rise residential and commercial buildings, industrial, educational, and government facilities, bridges, retaining walls and sound walls, and monuments. Mr. Transue has experience in historic preservation, including testing and analysis of mortar, brick, and stone, investigation of moisture control issues such as efflorescence and rising damp, and specification of repairs such as grout injection, remedial façade anchoring, and compatible repointing. He has evaluated and helped restore several structures listed on the National Register of Historic Places.

Mr. Transue has investigated building envelope performance problems and failures that involved adhered veneer and stucco systems, masonry veneers, exterior insulation finish systems (EIFS), pre-cast concrete panels, and steep and low-sloped roof systems. He has also investigated poorly performing foundations and slabs-on-grade related to swelling soils and material deterioration.