February / March 2015
Greetings!

Our firm has become increasingly familiar with buildings containing hidden flaws that experience acute massive failure resulting in extensive moisture and mold damage. Learn why these "zombie defect failures" can be difficult to subrogate, and how LBFG can help.

It's also important to understand how air barrier goals are difficult for architects and contractors to achieve, and how building air barrier performance is as much about the HVAC system as it is the air barrier itself.

We are now offering new short courses to individuals and organizations who wish to become more prepared and educated about damage claims. Our first two, featuring building envelope and water damage, target attorneys and contractors.

Once again, we're offering a free download of our mold and moisture manual that provides the latest information to designers, contractors, and building owners on today's key issues.

Please forward this along to any individual or firm who may be in the market for our services.
Waking the Dead: How to Subrogate a Zombie Defect Building FailureSubrogation

There's a new edge in risk management concerns for the building industry, says Florida-based Liberty Building Forensics Group® (LBFG), a leading building forensics firm that has solved some of the world's largest and most complex building moisture and mold problems.

Buildings with hidden flaws are experiencing acute massive failure that results in extensive moisture and mold damage. These failures, termed "zombie defect failures", are often discovered only after several years and a major event like a renovation or sale occurs. Examples include incompatible products and HVAC piping failures. 

"We're not talking about chronic problems here," said LBFG's Donald B. Snell, P.E. "These are acute building failures requiring unique skill and vast experience in how building systems interact. Complex mechanical building systems may take years to build but only seconds to fail."

The building owners may get paid easily from their insurance companies after a failure occurs, but subrogation of the case by the insurance company often becomes a complicated, prolonged mess. This means the insurance company takes on the owners' rights, assuming the difficult role of tracking down all players involved leading up to the building failure and proportioning costs to the various (often elusive) responsible parties. 

Failures usually happen at the intersection of scopes of work, meaning more than one party is to blame, and that is when having the necessary skill and expertise comes into play.

Responsible parties make many excuses as to why they should not be responsible. These range from "you bought the building as is, so it's not my problem", to "their product was not compatible with ours", "the other guy's work failed, not mine", "we met code so don't blame us", and "my work was first, not my issue". 

LBFG brings expertise in deconstructing complex, moisture-related subrogation claims (especially those related to massive moisture damage) and apportioning consequential damages to the appropriate parties. Our experts look into the nuances of what causes such failures to gain a heightened awareness of how to prevent them in the future.
How to Make Your Next Air Barrier Prevent Building Mold and Moisture Failures Barrier

After seeing numerous high-level examples of building failures due to air barrier defects, Florida-based Liberty Building Forensics Group (LBFG) is warning that air barrier goals set by architects aren't always achievable by contractors and can even lead to disaster.

Building moisture that leads to water damage and mold is supposed to be kept out by air barriers. However, accurate knowledge of how they function and how they can be built varies widely in the industry.

Additionally, architects often find it difficult to translate air barrier performance criteria into specific design details, while contractors find it even more challenging to translate them into the construction itself.

Contractors don't know if they've met the design leakage criteria until the end of a project, since whole building air barrier testing can only be performed after a building is completed. By then, it is difficult to locate leak sites, and removal of completed construction is required to fix the problem.

"Building tightness is extremely important in increasing the drying potential of a wall," said LBFG Vice-President Richard Scott, AIA. 

"A well-constructed building with a good air barrier helps the HVAC system pressurize the building with conditioned air, which increases its drying effectiveness. HVAC systems in warm, humid climates need to pressurize properly, and a proper, continuous air barrier is necessary to accomplish this. After all, you can't pressurize a box with one side open."

This factor is especially important in buildings where a great deal of air movement occurs across areas of small square footage, such as hotel guest rooms, patient rooms in hospitals, high-rise and multi-family condos and apartments, assisted living, and nursing home units.

LBFG recommends having processes in place to increase the likelihood of achieving ultimate leakage criteria, such as quality control steps to identify workmanship issues, or mock-ups. Other keys are ensuring that air barriers are continuous while being installed, and being ready to implement contingency plans if design goals aren't met.

LBFG found that applying these strategies on a high-rise resort in Hawaii resulted in pinpoint precision of factors that were influencing the air barrier characteristics of this 500+ room complex. 

LBFG's testing and analysis led to implementation of a performance and prescriptive-based program to address deficiencies and achieve acceptable air barrier performance. This reduced the risk of a moisture and mold recurrence at the resort. 
In This Issue
Quick Links
Free Moisture & Mold Manual


Providing the latest information to designers, contractors, and building owners on today's key issues:

* Building envelope and rainwater intrusion solutions

* HVAC and humidity control solutions

* Moisture and mold remediation



BOOK REVIEWS


"Building failures can be prevented and this manual tells you how."

      ~ Florida Architect


"The concepts presented in this manual should be studied and followed in every building project."

~ Robert Dimarcantonio, Marriott Vacation Club


"This book distills practical field lessons from seasoned professionals." 

~ Lew Harriman, Author of ASHRAE's Humidity Control Design Guide

LBFG to Offer New CoursesCourses 


Liberty Building Forensics Group (LBFG) will begin offering short courses to industry members seeking additional training.

The first two courses will target attorneys and contractors:

* Our short course for Attorneys on the "Top 5 Things Every Lawyer Needs to Know About the Building Envelope" is designed to help attorneys better prepare for a case that involves a building envelope claim.

* Our short course for Contractors on "Controlling the Impact of Water Damage Claims in New Construction" helps contractors control their exposure and recover costs when water damage occurs on a project. According to speakers at a recent IRMI conference, the average water damage claim costs $147,000

Contact us at (407) 703-1300 or at g.dubose@libertybuilding.com for more information.
Representation at the Annual CLI in Orlando

LBFG will be attending the 8th Annual Construction Law Institute in Orlando from March 12-14, 2015. 

The event is put on each year by the Florida Bar Continuing Legal Education Committee and the Construction Law Committee of The Florida Bar Real Property, Probate and Trust Law Section.

As an industry sponsor at the event, LBFG will have a booth.

Topics to be covered include: Insurance Coverage for Construction Defects, Mitigating of Exposure to False Claims on Cost or Pricing Issues, Construction Liens in Arbitration, and Navigating the Mine Field of Expert Opinion Testimony in Florida. 

Liberty Building Forensics Group | 407-703-1300 
P.O. Box 1120 | 3700 Dohnavur Drive
Zellwood, FL  32798