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The Good, The Bad & The UGLY One Long, Dark Adventure in Construction Defect Litigation Presentation © S M Sanders
Uncovering Defective Conditions Discovery & Forensic Investigation The Ugly
Per testimony, Contractor drove over hubs, disturbed stakes, and then failed to resurvey prior to drilling piles.
Negligence: Contractor disturbed old surveyor hubs during construction and failed to timely or adequately resurvey building site in advance of pile drilling.
Negligence: Piles drilled and poured in wrong locations and out of plumb, compounding congestion problems that transferred up into building columns & walls
Gymnasium floor slab poured & finished out of specification tolerances by Contractor.
Contractor waterproofing failed in subterranean basement. BEFORE AFTER
Significant Contractor welding defects in structural steel, missed by original Welder, Inspector & Ultrasound Testing
Contractor Concealment The Bad
Culpability: Key Contractor Progress Photos produced during Litigation.
Contractor Progress Photos Depict Concealed Voids located by Contractor, hidden behind an Insulated Concrete Form Product
Contractor sack & patch in same location later discovered and examined during forensic Investigation
Contractor botched their secret repair undertaken without notice to Owner, Engineer or City Inspector
After discovering the true extent of their own defective work, the Prime and its Subcontractors failed to immediately stop work and notify the Owner, the Engineer of Record and the City as to their knowledge of various concealed job problems.
Forensic Analysis showed the Contractor had an isolated $150,000 problem and, by keeping a lid on it, turned it into a $2.5 Million disaster (inc. hard & soft repair costs, exclusive of 5 years of litigation costs, etc.), as their negligent methodology was then replicated again and again in pours throughout their after-progress on concrete construction.
Voids were found to be replete throughout the 3 Story, 22,000 sq. ft., structure designated A2.1 Public, with a max. 800 Person Occupancy, located in a Zone 4 Earthquake District.
Revealed Problem: Dozens of areas of significant daylight seen thru 8” PIP Walls
Revealed Problem: Poor Consolidation & Significant Structural Rock Pockets in virtually every PIP wall
Revealed Problem: Non-Engineered Vertical & Horizontal Cold Joints
Forensic Plan vs. As-Built & Progress Document analysis  showed that Prime & Subcontractors knowingly encountered obvious, patent plan inconsistencies in the building dimensions, and failed to generate RFIs, choosing instead to proceed in error.
As-built dimensional bust -- Contractor mislocated piles/columns in relation to walls when laying out steel & pours, setting Columns 1” to 3” too far south.
Finding a Solution Maintaining Public Safety But Still Mitigating Client Costs The Good
Project Forensic Construction Superintendent  commissioned an  internal/external construction control survey   & layout of the as-built construction
An elevation survey of the Gym Floor was commissioned to develop a remediation plan.
Ground Penetrating Radar & other methods were used in an attempt to locate hidden voids beneath the concrete surface.
Core testing utilized at selected locations
Attorney & Consultant Designed Forensic Mock Ups – Mimicking As-Built Placement Conditions and Misplaced Vertical Reinforcement
Forensic mock ups duplicated bad horizontal steel placement, other congestive conditions
Remediation Consultant-Designed Completion Mock Ups – Testing Various Mix Designs & Staging Times for Delivery, Placement & Vibration
Forensic  Mock-ups  show a sound  mix & placement methodology could have been utilized by Contractor in this application, supporting the continued use of the ICF product.
Eng. & City Approves Phased Repair Plans
The Fix Engineered, Selective Demolition & Repair, WITHOUT a costly complete tear down & replacement
8” Shotcrete On Basement Retaining Walls
Localized Demolition around Voids
Chase Down Rock Pockets & Cold Joints
Engineered Sack & Patch where possible
Total demolition & re-pour of Engineer Selected/City Approved Sections
Leveling Pour Above Repaired Walls
Choice made to continue the use of the ICF System with a proprietary Tall Wall Scaffolding after determining failures were contractor error.
Installation of defect-corrected structural steel on plumb-corrected walls & columns
Construction of a curtain wall to cover original contractor pile/column vs. wall dimension bust to the south, and other out-of-plumb conditions.
Tricky siding installation on as-built out-of- plumb but repaired walls
Gymnasium slab floor repaired & and hardwood installed
Completion & Occupancy
Litigation ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]

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The Good, The Bad & The UGLY - A Construction Defect Case Study