Construction Consulting & Forensics LLC provides consulting services as an expert witness in the prosecution and/or defense in construction litigation pertaining to construction defects.
NAVIGATE THE TABS BELOW TO LEARN ABOUT OUR SERVICES OFFERED
- INITIAL MEETING
- INVESTIGATION
- PHOTOGRAPHY
- SUMMARY OF INVESTIGATION
- EXPERT REPORT
- COST OF REPAIR
- MEDIATION OR ARBITRATION ASSISTANCE
- COURT TESTIMONY
- POWERPOINT PRESENTAION
CCF will meet with the attorney, insurance company, contractor, and/or personal client. This initial meeting may include, setting up an initial site inspection and discussing with the client the known issues. Based on this initial site inspection, CCF may find additional issues pertaining to improper building methodologies or building envelope issues. We may elect to further investigate by scheduling an invasive testing procedure.
During the investigation process known as a Visual Inspection (VI) or Invasive Testing Procedure (ITP), we will document and photograph issues pertaining to, but not limited to:
- IRC building code compliance
- IBC building code compliance
- IECC building envelope compliance
- Architectural, structural, & geo-technical issues
- Crawl spaces/ attics
- Footings, foundations, & compaction of backfill/subgrades
- Fenestration, house wrap, siding, & exterior trim
- Roofing, per the Asphalt Roofing Manufacturer Association (ARMA)
This process could involve minor invasive testing procedures. Based on individual cases, opening areas of concern for further discovery may be needed. Invasive testing procedures include but are not limited to opening up the building envelope to inspect; window and exterior door installation, house wrap installation, siding and exterior trim installation, proper priming of exterior products, proper methods of flashing, and proper methods pertaining to storm water run-off.
We handle all photography, including editing of photography in house. CCF provides detailed and documented images, as our development of digital computerized programs allow us to present precise image editing of all photography based on adjusting and resizing each photograph for report entry. This image editing process is extremely necessary to insure all photographs of construction defects are clear and evident. Mr. Daniels takes the majority of all photographs. Based on the individual case need, we may take between 20 & 300 photographs; however, not all photographs may be used within the final expert’s report.
CCF’s preliminary report is referred to as Summary Of Investigation (SOI). The SOI outlines the issues after the initial site inspection and/or the invasive testing procedure. The SOI may include:
- Photographs
- Code compliance issues
- Information regarding manufacturers installation requirements
CCF’s final report is referred to as Expert Report (ER). The ER outlines the issues after the initial site inspection and/or the invasive testing procedure as well as other investigation needed by CCF and other experts selected by CCF. The ER may include:
- Photographs
- Appendices
- Manufacturers installation requirements
- ICC code infractions or compliance issues
- Other CCF experts’ opinions & reports
- Rebuttals to opposing expert report/rebuttal
- City, county, and state construction codes
- Definitions to such issues as, Good and Workmanlike Manner
- Plan review vs. what was constructed
Through our seasoned selected general contractor, we provide an intricate outline for cost analysis and estimating as needed per case. This is for the benefit of presenting a Cost of Repair Estimate (CORE). This CORE is separate from the Summary Of Investigation (SOI) and Expert Report (ER). The CORE is typically very involved, and includes but is not limited to; seeking subcontractors to opine and provide estimates related to defect issues noted within only the expert’s report.
If requested, CCF will attend mediation or arbitration for the sole purpose of case settlement. For all parties concerned, we complement the stressful environment with an overview of the entire case, photographs, knowledge and understanding for the prosecution and/or defense as well as all parties present. Attorneys, mediators, and arbitrators alike have all agreed that our appearance and intervention has been very beneficial in the settlement of most construction litigation matters.
Court testimony is provided for further knowledge and understanding of the matter. Due to CCF’S involvement in most construction litigation cases, seldom do our litigation matters see the light of a courtroom. Most of CCF’s litigation matters settle in mediation/arbitration or our client’s home is purchased by the builder. CCF’s goal is to stand in the gap for a positive resolve for all parties concerned.
For further understanding of legal construction terminologies and Statutes of Construction that you should know, please see PART THREE of Brian Daniels’ book “How To Select & Manage Your Contractor 101”
A PowerPoint presentation can be provided for insurance meetings, mediation/arbitration assistance, and/or court room appearances. CCF provides for the representation of either the prosecution and/or defense in relationship to all construction litigation matters.
A Word on “Good and Workmanlike Manner”
This concept is often so vague and ambiguous that it becomes meaningless. It frequently arises in depositions and defensive arguments, serving as a waiver for adherence to the requirements, standards, and guidelines established by governing authorities. A trained and certified ICC building inspector is granted the authority and capability to “judge such work” performed by trade professionals in residential construction; however, building inspectors typically only inspect structural building methodologies of the residence. A trained and certified ICC building inspector with decades of self-employed building experience, and is a seasoned expert witness is also granted the authority and capability to “judge such work” performed by trade professionals in residential construction. The primary tenet and responsibility associated with exercising this authority is to ensure that, regardless of how flawless the workmanship may appear superficially, it always aligns with best practices in compliance with all state and local building codes, engineering, and manufacturer-provided installation instructions. Only then can the work truly be considered “Good and Workmanlike”.
Clarifications
The International Residential Code (“IRC”) and International Energy Conservation Code (“IECC”) contains references to standards from other industry organizations that are used to provide requirements for materials, products, and methods of construction. These standards are part of the code, and include organizations such as American Architectural Manufacturers Association (AAMA), American Society for Testing and Materials (ASTM), American Concrete Institute (ACI), and many others. In several instances, the code references the product manufacturer’s instructions and guidelines that must be followed.
Phone
208.664.0269
Email
[email protected]
1118 W Ironwood Drive
Coeur D’Alene, Id 83814
Monday through Friday 9 -5
Closed Saturday/Sunday