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ABOUT THE CASE, CLAIM, OR ISSUE
Recently, a member of the YA construction defects team was called upon to provide forensic litigation support by one of the firm’s insurance carrier clients. The carrier’s insured, an architect, was being sued by the owner of a newly built condominium tower alleging widespread moisture intrusion and related damage. The architect had designed an interesting, decorative, and structural balcony railing. Plaintiffs alleged faulty design and claimed the materials used were the source of the building’s water woes. (Photo above is used for illustrative purposes only; it does not depict the subject property.)
ABOUT THE INVESTIGATION
The YA engineering expert reviewed all relevant plans, specifications, contract documents, and communications and then deployed to the 30+ story, 200-unit condominium for a walkthrough and visual site inspection. The architect’s beautifully bespoke design was a curved combination of concrete, glass, and metal that added to the aesthetics of the building’s exterior extending on to a cantilevered patio balcony. Water intrusion had been noted beneath the surface of the tiles. It was obvious that rainwater was entering the structure; rust could even be observed to the underside of the balcony above. Replacement and/or repair of these balconies would be a multi-million dollar job.
ABOUT THE RESOLUTION
YA’s expert worked with counsel to ensure all parties understood just how clear were the limits of the architect’s scope of work. The uniqueness of the balcony was a design/build sculpted railing system which was welded to the concrete structural slab. The architects design responsibilities stopped at the transition into the railing system. The railing system and management of the water within the railing system – was the responsibility of the design/build contractor. The water intrusion and corrosion was contained in the railing system which was outside of the architect’s scope of work. The final settlement enabled dismissal of the lawsuit, and it came at a fraction of the cost.
ABOUT YA GROUP
Serving insurance carriers and their counsel, YA possesses the experience to help you build the strongest cases possible. YA’s team of almost 700 building experts, including a construction defects team that includes virtually every specialty imaginable, provides you the reliable forensic reporting you need… in a timely manner. YA’s litigation support experience means we recognize the role of communication and are frequently lauded for our ability to craft pragmatic resolutions, repair scopes, and remediations. When construction defect cases surface, this is the top-notch technical team you want in your corner. Kindly call on YA today.