KPAA NewsNewshttp://www.kpaa.com/news/2011-11-08T22:59:28ZSquarespaceVegetative Roof Risk Management - WCCCDS 2011 Science & Technology Fairhttp://www.kpaa.com/news/2011/5/11/vegetative-roof-risk-management-wcccds-2011-science-technolo.htmlKPAA Webmaster2011-05-11T17:55:46Z2011-05-11T17:55:46ZOnce again, KPA Associates, Inc. will be attending West Coast Casualty's Construction Defect Seminar. In addition to exhibiting the firm's services as a vendor, KPAA's Bruce Bergman and Brian Hill will be participating in the Science and Technology Fair located within the main exhibit hall.

Our topic for 2011 is Risk Management for Vegetated Roofs. We will be showcasing product samples and mock-ups supplied to us by a number of vendors for green roofing products. You can download a PDF version of our handout discussing benefits and risks associated with green or vegetated roofs:

Risk Management for Vegetated Roof Features for Green Buildings 


 

Green Building Services 

Forensics

Standard of Care:
  • Architect
  • Developer
  • General Contractor
  • LEED© and Other Third Party Rating Consultants
Compliance:
  • Green Building Codes
  • High Performance Building Standards
  • Third Party Green Rating Criteria
Investigation:
  • Green Building Components
  • Building Performance
Repair Recommendations

Mediation and Expert Testimony

Architecture

  • Energy efficient design
  • Residential / Commercial / Institutional
  • Design Charettes
  • Integrated Design
  • LEED© Process Provider
  • Construction Administration

Construction Consulting

  • Commissioning of the Building Envelope
  • Construction Document Peer Review
  • On-Site Evaluation

 

 

]]>SDG&E Energy Innovation Center To Educate and Inform San Diego Businesses and Trades Peoplehttp://www.kpaa.com/news/2010/12/14/sdge-energy-innovation-center-to-educate-and-inform-san-dieg.htmlBruce Bergman2010-12-14T20:02:50Z2010-12-14T20:02:50ZThe Existing Structure - Bruce Bergman

On December 10, 2010, I attended the construction kick-off ceremony for SDG&E’s Energy Innovation Center in the Clairemont community of San Diego.

Scheduled to open in the Spring of 2011, this renovation project plans to be a premiere venue for showcasing and learning about sustainable, green building.

As a former 1998 Chairman of the Clairemont Mesa Planning Committee, I am pleased to see this neighborhood center revitalization.

Douglas Kot, Executive Director of the USGBC San Diego Chapter, summed it up well during his representative speech expressing that this building shall have a “Net Positive Energy.” Reasoning that the “...tools and resources in this building will have a positive effect on the community.”

Douglas Kot - USGBC San Diego Chapter Executive Director

In a press release announcing the new center, local business leaders offered their perspective:

"We are looking forward to using the center as a strategic resource for our members and the local restaurant industry in general to share ideas and learn practical applications of the latest energy-efficient equipment," said Katharine Hansen, director of local government affairs for the California Restaurant Association. "As our members and others understand better how to use energy and save money on their energy bills, SDG&E's new center will have a lasting impact on sustainability in the region."

"This will be a great forum for showing off some of the innovative products and solutions coming out of San Diego-based companies," said Lisa Bicker, president of Clean Tech San Diego. "The center will serve as an important resource for our robust and growing clean tech cluster of more than 750 companies."

Source: SDG&E Press Release (http://www.marketwire.com/press-release/SDGE-to-Open-New-Education-Center-for-Green-Tech-Energy-Efficiency-NYSE-SRE-1367280.htm)
Source: SDG&E Energy Innovation Center (with floor plan) (http://www.sdge.com/business/energyinnovationcenter.shtml)
Related: USGBC San Diego Chapter website (http://www.usgbc-sd.org/)

]]>Art Institute of Chicago Sues Engineers For Construction Defectshttp://www.kpaa.com/news/2010/10/5/art-institute-of-chicago-sues-engineers-for-construction-def.htmlRon Tov2010-10-05T18:12:36Z2010-10-05T18:12:36ZNew California Building Codes Go Into Effect January 1, 2011http://www.kpaa.com/news/2010/7/7/new-california-building-codes-go-into-effect-january-1-2011.htmlKPAA Webmaster2010-07-07T16:26:04Z2010-07-07T16:26:04ZOn January 1, 2011, California's new building codes go into effect after adoption by local jurisdictions. The new codes include two brand new-to-California publications: the Green Building Standards Code (CALGreen), and the California Residential Code, which will require automatic fire sprinklers in all new single-family homes in California. These new codes have been discussed previously on KPAA.com/News (2008 Title 24 Building Standards Delayed, CALGREEN: How will the nation’s first statewide green building standards code work with LEED?, and California Approves Requirement for Fire Sprinklers in All New Homes Beginning in 2011). Imad Naffa, of Naffa International and the Building Code Discussion Group, published a list of the California building standards that have been updated.

"This time around we are looking at adopting the 2010 California Building Code (CBC) which will be based on the 2009 IBC. A new code for us will be the California Residential Code (CRC) and that will be based on the 2009 IRC. The balance of the codes will be the 2010 CFC, CMC, CEC. The 2008 California Energy Standards are already in effect."

Read the full article for more information.

]]>The Rules of Engagement for Claims Managers and Forensic Expertshttp://www.kpaa.com/news/2010/7/6/the-rules-of-engagement-for-claims-managers-and-forensic-exp.htmlKPAA Webmaster2010-07-06T17:50:17Z2010-07-06T17:50:17ZClaims Magazine's John Goff posted an informative article outlining recommendations for claims managers in the efficient and effective use of forensic experts. Many of these suggestions are also relevant to the relationship between an attorney and a forensic expert in a construction defect matter. The post specifies five "rules" of engagement:

  1. Understand Roles and Responsibilities
  2. Know When to Hire an Expert
  3. Draft an Effective Assignment Letter
  4. Learn the Art of Budgeting
  5. Frequent and Clear Communication Is Key

"It is a simple fact of claim adjusting that even experienced, knowledgeable professionals will encounter claims for which they need the assistance of a forensic expert to reach a settlement. Whether the issues are causation, coverage, or cost, some claims are too complex, specialized, or unusual for an adjuster to tackle on his own. Wise ones know when it’s best to involve an expert.

"But as is true in the beginning of every relationship, engaging a forensic expert is best done with eyes wide open — on both sides. Choosing an expert for the right reasons, with clear expectations, good communication, and a full understanding of the costs involved, is critical to developing a fair and timely outcome for all concerns."

]]>Green Building Risks and Construction Defects: Insurance Industry Concerns Include Vegetative Roofshttp://www.kpaa.com/news/2010/4/12/green-building-risks-and-construction-defects-insurance-indu.htmlBruce Bergman2010-04-12T16:00:24Z2010-04-12T16:00:24ZIn 2008, KPA Associates, Inc. covered several green building risk topics including vegetated / landscaped roofs during a panel presentation at the West Coast Casualty’s Construction Defect Seminar. A critical point we made during the seminar was that when determining green building products, components, or features, it is important to weigh the potential benefits with the risks.

New innovative green construction products such as vegetative roofs, wind turbines, and fuel cells are mentioned in an article posted April 7, 2010 by Andrea Wells on Insurance Journal titled, “Green Building Movement Raises Some Construction Defect, Claims Concern.”

The insurance industry is concerned with construction defect problems and broken performance promises brought on by new innovative green construction products, green washing, uncertain track records, and unfamiliar project teams.

In the article Andrea Wells quotes attorney Paul Roecker of Roetzel & Andress who makes the following green product risk observation:

"While green buildings have many positive benefits, there is also strong evidence surfacing to suggest a direct correlation between new products and innovative design with building failures."

Regarding landscaped green roofs Andrea Wells states:

“One increasingly common green building element that creates concern from a risk management standpoint is vegetative roofing”

The article references quotes by others sharing her concerns:

Rod Taylor, managing director of Aon's Environmental Group, regarding claims for a roof problem on a building during construction states:

“We've already had claims resulting from leaks from vegetative roofs… It caused a tremendous amount of damage inside the building…That kind of technology causes concern because it really hasn't had a lot of history."

Bruce Bitler, assistant vice president of Property for Zurich Commercial also has concerns over vegetative roofs:

"My concern might be with regard to vegetative roofs which have a potential for water damage claims... Claims could range from vegetative roof membranes being pierced to having the drainage systems clogged inadvertently... We haven't seen any claims but that's one of the concerns I'm watching out for."

In a related article posted on Eco-Structure on March 31,2010 by Linda McIntyre titled, “Pitch Perfect - Vegetation isn’t just for flat roofs," she mentions additional risks to consider for sloped roofs, specifically: Stability, Drainage, and Plants. The article quotes engineer Charlie Miller, president of Philadelphia-based Roofscapes regarding stability:

“...on a failed green roof the slip surface is most likely to lie underneath the soil medium... Since these systems are intended to last a long time, designers should not depend on the bonding strength of adhesives between the layers of the green roof assembly, including the one that attaches the waterproofing membrane to the roof deck.”

During the panel presentation I participated in (with attorneys Sheila Fix of Wood, Smith, Henning & Berman, LLP, Jay Freedman of Newmeyer & Dillion, LLP, and Sean Dwyer of Havkins Rosenfeld Ritzert & Varrial, LLP) in 2008, additional landscaped green roof risks were addressed:

  • Roof occupancy protection from personal injury (proper egress/exiting, guardrails, brush fire hazard)
  • Compromised indoor air quality from concentrated amounts of plant pollen, or worse, mold growth on interior finishes from excess irrigation moisture transported through roof top air intake vents
  • Fertilizer chemical incompatibility with roof waterproof membrane
  • Over watering or overspray beyond the roof edge damaging adjacent components
  • Roof garden drains impacted by roots and soil sediment invasion

KPAA has been invited back to give a presentation at this year’s West Coast Casualty’s Construction Defect Seminar taking place May 13, and 14, 2010. I will be presenting updated findings related to the hidden component of high performance buildings. For several years, I have been evaluating the risks of green building as part of KPAA’s expanding construction defect forensic expert witness services.

Bruce M. Bergman, AIA, LEED AP BD+C

]]>International Green Construction Code for High-Performance, Green Commercial Buildings Goes Publichttp://www.kpaa.com/news/2010/4/7/international-green-construction-code-for-high-performance-g.htmlBruce Bergman2010-04-07T21:20:34Z2010-04-07T21:20:34ZHaving started its public review phase on March 15, 2010, the International Code Council (ICC) is planning to publish the International Green Construction Code (IGCC) in early 2012 after a series of public and department hearings. Once published, the IGCC will require adoption by governing jurisdictions before it becomes enforceable.

The need for a green building code is stated in the IGCC Preface Introduction, page iii:

"All levels of government and Building Safety Professionals recognize the need for a mandatory baseline of codes addressing green commercial construction, providing a framework linking sustainability with safety and performance." 

Also stated is the inter-relationship with other ICC codes:

 “This comprehensive code establishes minimum regulations for buildings and systems using prescriptive and performance-related provisions, working as an overlay to the I-Codes. For example, the requirements of the 2012 International Energy Conservation Code are established as a baseline for the International Green Construction Code energy provisions…”

The IGCC applies to all new and existing buildings, including high-rise residence buildings, except as listed in Chapter 1:

  • The code does not apply to low-rise residential buildings (three stories or less than in height above grade) except where residential occupancies are part of a mixed use building.
  • Also excluded from the IGCC are equipment or systems that are used primarily of industrial or manufacturing process.

Six organizations collaborated in the development of the IGCC, prepared by the ICC's Sustainable Building Technology Committee (SBTC):

Additional information is available in the ICC handout of Frequently Asked Questions (FAQ).

Even though California has published its own first Green Building Standards Code (CALGREEN) earlier this year, it is likely that the IGCC and the ASHRAE 189.1 Standard will further influence the next CALGREEN version and perhaps influence the local jurisdictions that are in the process of adopting the current CALGREEN version.

Bruce M. Bergman, AIA, LEED AP BD+C

Source: IGCC Development (http://www.iccsafe.org/cs/SBTC/Pages/FirstDraftDevelopment.aspx)
Source: ICC Press Release (PDF) (http://www.iccsafe.org/newsroom/News%20Releases/NR031110-IGCC.pdf)
Source: AIA Press Release (http://www.aia.org/practicing/AIAB082425)

]]>Who's Watching the Watchers?http://www.kpaa.com/news/2010/2/18/whos-watching-the-watchers.htmlRon Tov2010-02-18T16:44:44Z2010-02-18T16:44:44ZThe 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.

Ron Tov, AIA

Source: Testwell, CEO Guilty of Faking Freedom Tower Tests (http://www.businessweek.com/news/2010-02-17/testwell-ceo-found-guilty-of-falsifying-tests-on-freedom-tower.html) by Erik Larson and Karen Freifeld
Source: NEWS RELEASE October 30, 2008 (http://manhattanda.org/whatsnew/press/2008-10-30.shtml)
Related: Testwell Laboratories, Inc. - Total Commitment to Quality (http://www.testwelllabs.com/company.htm) - "TESTWELL LABORATORIES, INC. is an independent full-service testing, inspection, quality control and quality assurance organization that has earned a valued reputation for reliability and professionalism in the construction industry."

]]>KPA Associates, Inc. Participating In West Coast Casualty’s Construction Defect Seminar 2010http://www.kpaa.com/news/2010/2/10/kpa-associates-inc-participating-in-west-coast-casualtys-con.htmlBruce Bergman2010-02-10T19:49:33Z2010-02-10T19:49:33ZKPA 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

Bruce M. Bergman, AIA, LEED AP BD+C

]]>Title 24 - What is it?http://www.kpaa.com/news/2010/1/28/title-24-what-is-it.htmlRon Tov2010-01-28T18:12:35Z2010-01-28T18:12:35ZAlthough 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.

Ron Tov, AIA

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