Thursday
18Feb2010

Who's Watching the Watchers?

DateThursday, February 18, 2010 at 8:44AM | AuthorRon Tov | in , ,

The International Building Code (IBC), the basis for the California Building Code and most local building codes throughout the U.S., requires special inspections for critical structural components of new construction. Welding, high-strength bolts, precast concrete members, and steel reinforcing in concrete are examples of components that must be inspected, verified or monitored by special inspectors. 

The International Building Code Commentary, published by the International Code Council, explains these requirements as follows:

Special inspections provide a means of quality assurance. Structural properties of the concrete or steel that is used in most structures are not usually discernible by a mere visual inspection. Typically, construction materials must be tested and their installation must be monitored in order to provide a finished structure that performs in accordance with the construction documents. Trained specialists that provide these inspections give the building official and the engineer an indication that the required structural performance will be achieved.

Furthermore, Section 1704.1 of the IBC states:

The special inspector shall be a qualified person who shall demonstrate competence, to the satisfaction of the building official, for inspection of the particular type of construction or operation requiring special inspection.

In New York City yesterday, Testwell Laboratories, a testing company, and V. Reddy Kancharla, Testwell's owner, were convicted of filing fraudulent test reports during the construction of several high-profile projects in New York.

In its original complaint, the New York County District Attorney's Office had alleged that Testwell engaged in numerous schemes that involved falsifying inspection records. In one of these schemes, "The Compressive Strength Scheme", the D.A. claimed that Testwell "systematically falsified" concrete strength tests:

For example, in connection with the construction of the Freedom Tower, TESTWELL was hired by the developer to assure that the concrete met the design specifications of 12,000 PSI.  From May 2006 until September 2006, TESTWELL certified that the concrete reached or exceeded 12,000 PSI on each and every occasion tested.  However, in late September 2006, the Port Authority commenced its own testing and determined that the concrete was averaging around 10,000 PSI and that only a third of the pours ever hardened to the required 12,000 PSI.  The Port Authority then did core testing, removing samples of the concrete that were already in place, and found that it was actually 9,000 PSI—not the 12,000 that TESTWELL had certified.

Owners, architects, engineers, building officials, as well as the ultimate users of the built environment, must be able to rely on the competence, integrity, and independence of third-party inspectors. It appears that sometimes someone needs to watch over those that are supposed to be watching over the safety of our buildings.

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Wednesday
10Feb2010

KPA Associates, Inc. Participating In West Coast Casualty’s Construction Defect Seminar 2010

DateWednesday, February 10, 2010 at 11:49AM | AuthorBruce Bergman | in ,

KPA Associates, Inc.’s preparations are underway for participating in the 17th West Coast Casualty’s Construction Defect Seminar. The event will take place on May 13th and 14th 2010 at the Disneyland Resort Hotel Anaheim, California.

This will be our 10th year participating at this nationally recognized event.

We hope to see you all there.

In addition to KPAA’s vendor display in the Exhibit Hall, we have received approval from West Coast Casualty to participate in the first Science and Technology Fair. The Science and Technology Fair is conveniently located in the same Exhibit Hall.

West Coast Casualty's Construction Defect Seminar 2010

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Thursday
28Jan2010

Title 24 - What is it?

DateThursday, January 28, 2010 at 10:12AM | AuthorRon Tov | in ,

Although the internet is an incredible resource for construction-related information, you can't believe everything you read on-line. The internet is also a prodigious source of mis-information, rumors and just plain wrong-headed thinking. Recently I was browsing through an on-line glossary of construction terms and came upon this definition:

"Title 24: A set of federal laws that mandates the construction industry to conserve energy."

This is totally incorrect. Title 24 is not a federal law, and it is not limited to energy standards.

"Title 24" refers to the 24th of 28 titles within the California Code of Regulations (CCR). Since Title 24 is reserved for state regulations that govern building design and construction, it is also known as the California Building Standards Code, which is published by the California Building Standards Commission.

Title 24 consists of 12 parts, as follows:

  • Part 1, California Building Standards Administrative Code;
  • Part 2, California Building Code based on the International Building Code;
  • Part 3, California Electrical Code based on the National Electrical Code;
  • Part 4, California Mechanical Code based on the Uniform Mechanical Code;
  • Part 5, California Plumbing Code based on the Uniform Plumbing Code;
  • Part 6, California Energy Code;
  • Part 7, currently vacant;
  • Part 8, State Historical Building Code;
  • Part 9, California Fire Code based on the International Fire Code;
  • Part 10, California Existing Building Code;
  • Part 11, California Green Building Standards Code (CALGREEN);
  • Part 12, California Reference Standards Code.

You can find additional information at the California Building Standards Commission website.

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Wednesday
20Jan2010

Poor Construction Led to Devastation in Haiti (Updated)

DateWednesday, January 20, 2010 at 11:26AM | AuthorRon Tov | in

Update: Additional articles discussing this topic at the end of the post...

The effects of last week's earthquake in Haiti were compounded by poor quality construction techniques, inferior building materials, and a lack of building codes. As reported by BBC News:

Tens of thousands are feared dead after being crushed by buildings that collapsed. Scores more remain trapped under the rubble.

"It's sub-standard construction," says London-based architect John McAslan, who has been working on a project linked to the Clinton Global Initiative in the country.

"There aren't any building codes as we would recognise them," he added.

Mr McAslan says most buildings are made of masonry - bricks or construction blocks - which tend to perform badly in an earthquake.

Before and after photos of the Presidential Palace demonstrate the force of the earthquake, even on what was once considered the best-constructed building in Port-au-Prince:

 

A Day In Haiti with Douglas Doebler

The destroyed Presidential Palace in Port-au-Prince ©Getty

Additional Information:

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Monday
18Jan2010

California Approves Requirement for Fire Sprinklers in All New Homes Beginning in 2011

DateMonday, January 18, 2010 at 11:44AM | AuthorRon Tov | in , ,
Last Tuesday, the California Building Standards Commission voted to base the 2010 California Residential Code (CRC) on the 2009 International Residential Code. This means that all single-family residences and duplexes will be required to have automatic fire sprinkler systems. The 2010 CRC will be effective for building permit applications starting January 1, 2011. According to a press release from the NFSA:

"The California State Building Standards Commission voted yesterday unanimously by a margin of 10-0 in favor of adopting the 2010 California Residential Code, which includes the 2009 International Residential Code as established by the International Code Council in September 2008.  The residential sprinkler requirement was voted into the 2009 IRC Code by building code officials from all over the U.S., gaining more than two-thirds of the vote.  This demonstrated that officials very clearly see the need to require sprinkler technology as a life-saving measure...

"The inclusion of residential fire sprinkler requirements in the 2009 IRC is a response to the growing fire problem in the U.S.  About 85 percent of all fires occur in the home and many are fueled by new “lightweight” construction and more flammable home contents. Smoke detectors are no longer enough in residential fire protection, as the time to escape a house fire has dwindled from 17 minutes 20 years ago to three minutes today.  This poses a severe risk to firefighters as they now have less time to do their job and save residents’ lives and property."

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Monday
18Jan2010

CALGREEN: How will the nation’s first statewide green building standards code work with LEED?

DateMonday, January 18, 2010 at 10:07AM | AuthorBruce Bergman | in

The California Building Standards Commission, on January 12, 2010, adopted the Green Building Standards Code (CALGREEN) for residential, commercial, and public buildings.

In a press release Governor Arnold Schwarzenegger announced:

"With this first-in-the-nation mandatory green building standards code, California continues to pave the way in energy efficiency and environmental protection. Today's action lays the foundation for the move to greener buildings constructed with environmentally advanced building practices that decrease waste, reduce energy use and conserve resources…"

CALGREEN, also known as the 2010 California Green Building Standards Code, California Code of Regulations Title 24, Part 11, will be mandatory effective on January 1, 2011, at which time it will be enforced by individual city and county building departments throughout California.

Back in 2004 the Governor issued Executive Order S-20-04, also referred to as the Green Building Initiative (GBI). According to the California Department of General Services’ GBI fact sheet: 

“The Green Building Initiative challenges state government to demonstrate leadership in energy efficiency and environmental responsibility in state buildings, while also reducing the impact state facilities have on climate change.”

The Governor’s Executive Order was intended to promote cost-effective efficiency measures including:

“Designing, constructing and operating all new and renovated state-owned facilities paid for with State funds as "LEED Silver" or higher certified buildings...”

LEED is a green building certification system, developed by the U.S. Green Building Council (USGBC), for providing third-party verification of compliance with defined green requirements.

It is not clear at this time, how CALGREEN will impact the Green Building Initiative with regards to achieving a LEED Silver or higher certification for State-owned buildings. 

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Monday
23Nov2009

Federal Government "Finds Strong Association" Between Chinese Drywall, Hydrogen Sulfide and Corrosion

DateMonday, November 23, 2009 at 2:07PM | AuthorKPAA Webmaster | in ,

The U.S. Consumer Products Safety Commission (CPSC) released a series of reports on November 23, 2009 that provide additional information from the ongoing investigation into problems associated with gypsum wallboard (drywall) imported from China and installed in certain U.S. homes.

"The smaller sample (slightly gray in color) was taken from drywall which was removed from the home and replaced with new wallboard (white in color)."

Click to read more ...

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Wednesday
18Nov2009

Las Vegas' CityCenter Set To Open In December Despite Setbacks

DateWednesday, November 18, 2009 at 1:05PM | AuthorKPAA Webmaster | in

The 67-acre mixed-use urban development known as CityCenter is on track for a series of grand openings beginning on December 1, 2009 with the Vdara Hotel and Spa. The project has been developed by MGM Mirage and Dubai World and is situated on the famous Las Vegas Strip in Paradise, Nevada. Ehrenkrantz Eckstut and Kuhn Architects created the conceptual master plan for this project comprised of 2,400 residential units, 4,800 hotel rooms, 500,000 square feet of retail and entertainment space, a power plant, fire station and parking. The ambitious project was designed to become one of the world's largest environmentally sustainable urban communities to date and was recently named Best Commercial Project of 2009 at USGBC’s GreenBuild ’09 Conference. Unfortunately, CityCenter has faced numerous obstacles during the course of construction.

CityCenter Model Photograph

Click to read more ...

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Monday
17Aug2009

The Forensic Marketplace 2020 and Beyond... Part 5: Environmental Mega-Trends

DateMonday, August 17, 2009 at 12:00PM | AuthorVictor Dominelli | in ,

Introduction

The American Institute of Architects (AIA) hosted their 2009 National Convention this past spring in San Francisco, CA. Nearly 22,000 AIA members attended the 4-day event which included an extensive selection of seminars on specific topics to interest both practitioners and consumers of architectural services alike. Among the seminars personally attended was a 90-minute discussion provided by the Advanced Management Institute for Architecture and Engineering as a review of the mega-trends that are anticipated within our industry along with their expected impacts within the next decade or two. Rather than reframe each of the concepts as presented by Mr. Steven Isaacs, Assoc. AIA on that day, the intent of this series is to offer a personal forecast of how the construction litigation industry may specifically be impacted by these social, technological, economic, political and environmental mega-trends. The expert consultants engaged within this industry will need to address a rapidly evolving architectural and engineering marketplace and must adjust their focus to properly assess the conditions specific to this new marketplace. Given the broad scope and nature of the pending discussion, I have elected to I submit a series of posts on a weekly basis to allow for a more concise presentation of readily digestible content. Each post will focus upon just one of the five total mega-trends to be discussed.

The following is the fifth and final installment within a discussion of how the construction litigation industry may specifically be impacted by social, technological, economic, political and environmental mega-trends.

Part 5: Environmental Mega-Trends

As a worldwide shortage of natural resources is imminent, the distribution, health and politics of a population will surely be impacted. In particular, provisions for a steady supply of water will be a significant challenge for future development of almost any scale and in most any region. In conjunction with the demand for sustainability, public pressures to restore the natural environment and its resources will become a universal concern. Alternate energy sources will be addressed by necessity. The ongoing debate over global climate change will become more clearly focused. The perceived impacts of climate change will be better quantified as additional evidence become available.

CONSTRUCTION INDUSTRY IMPACT:

The practice of "green design" will now be considered a basic skill of an A/E/C firm rather than the specialized interest of the past. Relationships as established for sustainable design services along with safety and environmental standards will be promoted by A/E/C firms as a competitive edge within the marketplace. The continued dependancy upon natural resources will provoke an increased demand for qualified consultants to search for or assist in the cultivation of future natural resources.

CONSTRUCTION LITIGATION IMPACT:

The increasing emphasis within the design community on the creation of "green" environments will spawn a larger network of non-traditional Architectural / Engineering / Construction firms performing these services. More A/E/C firms than before utilizing an ever expanding recipe for "green" design and construction may boost the incentives or add to the opportunities to resolve project shortcomings through litigation. In support of the requirements for environmentally conscious and responsible design, more stringent standards for building as well as increased studies to assess infrastructure and zoning impacts will be required for both new construction and rehabilitation projects. The initial cases for "green" construction issues as brought to the courts for resolution will serve both as a foundation for future litigation as well as provide a guideline for potential exposure and liability on behalf of these A/E/C firms.

EPILOGUE:

Within a world wide dispersal of clients and projects, a global consolidation of A/E/C firms can be expected. In this scenario, one can anticipate a shorter list of competitors on major public or infrastructure related projects. The viability of these A/E/C firms will be determined by their design and analytical skills as well as by their efficiency employed in project delivery. Newer and faster project delivery methods along with integrated services as provided by a single source, i.e. the A/E/C firm will become the blueprint for future development.

CONSTRUCTION INDUSTRY EVOLUTION:

The future role of an architect will become more focused upon the research and facilitation of projects rather than the conventional never-ending process of design and document preparation. The construction sector, i.e. the building contractor will most likely assume the task of preparing the building plans and specifications. The architect who functions only as a designer will become a relic of the past. Architectural firms that are either very large conglomerates or very small boutique oriented operations have the best chance for survival in the new world. While mid-sized firms are at a distinct disadvantage, those that will endure and remain viable will do so from either creativity or specialization.

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Monday
10Aug2009

The Forensic Marketplace 2020 and Beyond... Part 4: Political Mega-Trends

DateMonday, August 10, 2009 at 12:00PM | AuthorVictor Dominelli | in ,

Introduction

The American Institute of Architects (AIA) hosted their 2009 National Convention this past spring in San Francisco, CA. Nearly 22,000 AIA members attended the 4-day event which included an extensive selection of seminars on specific topics to interest both practitioners and consumers of architectural services alike. Among the seminars personally attended was a 90-minute discussion provided by the Advanced Management Institute for Architecture and Engineering as a review of the mega-trends that are anticipated within our industry along with their expected impacts within the next decade or two. Rather than reframe each of the concepts as presented by Mr. Steven Isaacs, Assoc. AIA on that day, the intent of this series is to offer a personal forecast of how the construction litigation industry may specifically be impacted by these social, technological, economic, political and environmental mega-trends. The expert consultants engaged within this industry will need to address a rapidly evolving architectural and engineering marketplace and must adjust their focus to properly assess the conditions specific to this new marketplace. Given the broad scope and nature of the pending discussion, I have elected to I submit a series of posts on a weekly basis to allow for a more concise presentation of readily digestible content. Each post will focus upon just one of the five total mega-trends to be discussed.

The following is the fourth installment within a discussion of how the construction litigation industry may specifically be impacted by social, technological, economic, political and environmental mega-trends.

Part 4: Political Mega-Trends

The international and political pressure for sustainability dictates the conduct of governments and mega corporations alike. Governments will act like businesses in order to generate revenues from sustainable interests. Mega corporations will in turn act as governments through their ownership or funding of infrastructure projects with sustainable technologies. Among the factors which could determine the locations proposed for the development of sustainable projects, countries in conflict are likely to be viewed as economically undesirable while countries that are recovering or are non-confrontational will provide opportunities. As previously stated in the discussion of economic impacts, the result is a world wide scramble for both human brainpower and material resources.

CONSTRUCTION INDUSTRY IMPACT:

As sustainable design becomes a universal goal, local communities can now be expected to enter into developmental partnerships with Architectural / Engineering / Construction (A/E/C) firms to generate projects to serve this objective and to suit the needs of a specific region. It is conceivable that the mega corporations will provide the labor, brainpower and material resources while the local municipalities will provide the land and jurisdictional entitlements. The days of home grown development as generated through private development may become a relic of past generations.

CONSTRUCTION LITIGATION IMPACT:

In the event of problems or other shortcomings within these projects, the shared responsibility and liability of these developmental partnerships may prove to be a complex web to untangle. The work product as provided by the mega corporation may be impacted by the local or regional requirements as mandated by the municipalities. Further complications could arise from products or materials procured offshore as a by-product of the global effort required to bring these projects to fruition. Geographical considerations may come into play as the adherence to local requirements may be in conflict with the more universally adopted and homogenized industry standards as previously discussed. The ultimate responsibility and liability for the actions and behavior of these developmental partnerships may prove to be difficult to determine.

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