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Building the caseLesson 9 of 19

Academy/Construction Defects

Expert investigations

A one-time site visit is not an investigation. Here is what a real one looks like, and why the report matters as much as the inspection.

A construction defect investigation done right is not a one-time site visit. A forensic engineer reviews contracts and design documents, inspects the property, collects and tests samples, and analyzes the evidence to find the root cause, then writes it up in a report built to hold up if the claim ends in litigation.

01

What counts as a forensic investigation

When a board suspects a construction defect, a licensed engineer's site visit is often necessary but rarely sufficient on its own. Forensic engineering is a defined discipline: engineers apply engineering principles to investigate why something failed, not just note that it did.

"Forensic engineering is the application of engineering principles to the investigation of failures or other performance problems."

Source: Forensic Engineering Division, American Society of Civil Engineers

That distinction matters because a forensic investigation is built to produce findings that can be defended later, and explained under oath if it comes to that. ASTM publishes a guide to the forensic engineering profession covering typical roles and qualifications, a useful gut check when a board is vetting who to hire.

02

The four stages of a real investigation

Practitioners generally describe the work in four stages, not one visit:

  • Site inspection and documentation: photographs, measurements, and sketches of every observable defect.
  • Evidence collection and testing: samples of concrete, steel, wood, or waterproofing membrane sent out for lab analysis.
  • Data analysis: comparing what was actually built against the design and contract documents to isolate the cause.
  • Expert reporting: a written report laying out the findings and the reasoning behind them.

"the forensic engineer can begin to decipher the scope of work versus the contract documents in order to determine the cause of the loss"

Source: Getting to the Bottom of Construction-Related Defects, David P. Amori, PE, RRC, CLM Magazine

03

Why the report has to hold up

The report is the point of the exercise. ASCE's own guidance on failure investigation covers the whole arc: planning the investigation, forming a failure hypothesis, writing a concise report, and testifying as an expert witness if the case goes that far. ASTM sets a formal standard for what belongs in that kind of report.

"This practice covers the scope of information to be contained in formal written technical reports which express the opinions of the scientific or technical expert with respect to the study of items that are or may reasonably be expected to be the subject of criminal or civil litigation."

Source: ASTM E620, ASTM International

Engineers are also individually accountable for the quality of that work. In Florida, for example, the state engineering board can discipline a professional engineer for failing to use due care, check whether your state's board defines the standard the same way.

"the failure by a professional engineer to utilize due care in performing in an engineering capacity or failing to have due regard for acceptable standards of engineering principles"

Source: Florida Administrative Code Rule 61G15-19.001(4), Florida Board of Professional Engineers

Check yourself

Answer before you read the explanation, recalling it is what makes it stick.

A board hires an engineer who walks the property once, snaps a few photos, and emails a two-paragraph opinion the next morning. What is missing from a thorough investigation?

Why would a board want its engineer's report to follow a recognized reporting standard, like the one ASTM publishes for expert opinions?

An engineer's opinion turns out to be sloppy and unsupported by the underlying documents. In Florida specifically, what could that expose the engineer to?

Sources

Construction Defects

Once an engineer identifies a suspected defect, the next question is usually whether testing the wall or the roof means cutting into it. Learn what destructive testing involves and when it is worth the disruption.

Whether an engineer's report must follow a specific reporting standard, and what accountability a sloppy engineer faces, depends on the forum and the state licensing board involved. Confirm the standard your state's board applies before relying on any one investigator's process.