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ABOUT THE CLAIM, CASE, OR ISSUE:
The developer of a high-rise apartment building had filed suit against its general contractor. In addition to typical construction defect allegations there was widespread noise complaints which had led the developer to believe its contractors had built thin, under-insulated, or otherwise faulty walls. From the day of move-in and onward, tenants complained they were hearing not only music and loud bangs and booms – your typical sound complaint fare, but conversation, elevator dings, and the like. The developer was seeking complete soundproofing on almost every interior wall, an eight-figure claim. This was the major item in the construction defect litigation.
ABOUT THE INVESTIGATION:
The Guardian & YA Group specialized forensic engineering team reviewed construction drawings and specs, and then visited the property for an in-person inspection and testing. After testing several units, it was found there was excessive sound transmission between the units, but what the Guardian/YA experts took issue with was the source of the sound. The allegation was the walls were not constructed properly to comply with the Sound Transmission Coefficient (STC) rating. Destructive testing ultimately proved the issue was not with the walls or their construction. Rather, the cause behind the noise complaints was the apartment unit entry doors – they had been installed with large gaps at the sill, and it was these openings that enabled the sound transmission between units. Why hadn’t opposing counsel’s expert even considered this much simpler explanation? Why, indeed. Perhaps it’s that the recommended repair would have involved completely rebuilding 50% of every unit.
ABOUT THE RESOLUTION:
Whereas soundproofing the complex’s walls would have been astronomically expensive, fixing the doors, while not cheap, proved to be a relative bargain for the developer and his insurance carrier. STC testing after the work was completed verified successful resolution and defendants’ liabilities amounted to less than ten percent of the original claim.
ABOUT GUARDIAN & YA GROUP:
When carriers and their counsel require forensic engineering support, they often call upon the experts at Guardian & YA Group. To help you with your cases, claims, and issues, the team’s engineers and other construction defect specialists draw upon an unparalleled level of complex construction claims experience. They leverage their knowledge to determine exactly what happened and why, conducting appropriate testing, and clearly spelling out a scientific fact pattern. Their work supports the legal and insurance communities with expedient, efficient resolution. Attorneys, especially, appreciate the prompt attention, pragmatic advice, and professionalism provided them. When you require a vigilant, discerning eye on construction defect matters, kindly call on the team at Guardian & YA Group.