Up Front: The "Forensic" Expert
by Mark Fowler
September 27, 2008
If
you think this editorial is about CSI Miami, count yourself lucky. The
construction forensic expert is someone who investigates construction defects.
The forensic experts were born out of a need, a perceived need, greed or simply
a fear. It is the last two that frighten me and should frighten you too. Where
did they come from and who are they? It is a complicated series of events that
has taken a few decades to develop and is currently morphing again.
In the ’50s the trades had apprenticeship schools that reached about 85 percent
of the total work force. These schools had old timers that knew basic flashing
procedures and passed them along to these apprentices. What an apprentice
learns, he tends to take to the grave as the gospel. Eighty-five percent is
good coverage; with good basic flashing, used universally, it kept buildings
dry. Architects were schooled in drafting skills with paper and pencil, thus
they learned where all the layers of materials should be as they hand drew them
on the paper. Energy was cheap and buildings were anything but airtight. The
general contractor had supervisors that came up through the field and were
taught the same flashing procedure as in the apprentice schools. A sheet metal
contractor was on site to ensure kick-out flashing, Z bar and weep screeds were
installed. Exterior subcontractors had to learn, at most, two or three exterior
systems and these systems were almost all the same. Buildings, for the most
part, were pretty basic in shape and easy to flash. Most storefront installers
would not even think about installing a window system without a metal sill pan.
Good times!
Starting in about the late ’70s and well into the ’80s, we had a perfect storm
brewing; apprenticeship training in the trades began to slide as the unions
reached a low of about 13 percent. That meant a lot of tradespeople lost the
clear, simple and unified direction on how to flash a window. Architects
started with Auto Cad systems and class time required a shift to this new
technology of point plotting, overlays and software. Something had to give and
it did; practical construction knowledge. Energy became a concern and new laws
required tighter buildings and vapor barriers, thus preventing them from
breathing. General contractors drafted construction managers from colleges to
run projects. They knew how to push schedules and optimize profits, but very
little about construction detailing. Building designs started to get more
elaborate and complicated. Subcontractors had to learn a multitude of new
cladding systems. The number kept growing and these systems varied in moisture
management principles. Storefront installers also lost the apprentice training
until sill pans became a distant memory. The perfect storm finally came
together and led to a mass of leaky buildings.
MAKING A CAREER MOVE
This led to the birth of the defect attorney and his forensic expert and they
started to grow exponentially in the 1990s. They opened up buildings,
documented the decay, and presented the pictures of decay to the insurance
companies. Since the evidence was overwhelming and the insurance companies were
making money hand over fist with stock and real estate investments, they paid
out with no fight. The stock market turned sour, the flashing practices of the
trades began to improve and the damage presented by the forensic experts was
now not so convincing. The insurance companies decided to start fighting back.
The forensic experts and effect attorneys were not about to just go away. Many
forensic experts starting losing cases or not getting the big awards they
promised their clients. Fortunately for them, the fear and lack of trust that
was created in the industry allowed a new avenue for them. They shifted their
focus to architects and promoted the idea that science was what was needed to
make a building weather-tight. Now they have become Building Envelope consultants
and they charge a bundle.
Thought about getting into this field? It is not as easy as you may think.
While you know how basic construction systems work and understand good
construction practices, that will not be worth exorbitant consulting fees and
your competition will eat you alive. Your intentions may be honorable, but your
competition will be using the theory of design pressure equalization, reservoir
storage capacity claddings, the rate of perms diffused in relationship to the
dry cup method, convection drying and other scientific hyperbole. It sometimes
seems amazing how buildings ever got built without the scientists. You will
have to come up with elaborate designs, use rainscreen technology and building
science to dazzle and confuse.
I have worked with a few envelope consultants I have respect for; I have also
worked with consultants or so called experts that will say and do anything to
impress their clients to justify a ridiculous fee. Contractors that get on the wrong side or in
the cross hairs of one of these experts can find themselves in a world of hurt.
If you think some of these experts could be called a “hired gun,” you may not
be far off the mark. I always receive letters about my editorials—some
positive, some negative. If you are a consultant and offended by the “hired
gun” statement and want to e-mail me, that is perfectly fine. My answer will
be, “Did I hit a little too close to home?” W&C
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