Don’t Dismiss Fire-Resistive Construction In Defect Cases
Over at Construction Litigation Law Blog, Donald Brenner has posted on the issues involving fire-resistive construction. Admittedly, the myriad defects that relate to building code requirements regarding fire safety aren’t as “exciting” as other defect categories. Not like the typical window test in a defect investigation, with the precision calibration of the carefully placed spray rack, the expertly executed cuts at specified locations around the perimeter of the window, several high-priced experts barely blinking for the duration of each test, all under the guise of documented protocol that reads like liturgy. Or take any test involving possible mold (the “M” word) – full containment, HEPA scrubbers, Tyvek suits, full- or half-mask respirators – it is like alien life has been detected. But party wall testing – let’s just say, it isn’t much of a “party”. A bunch of guys measuring the distance between nails. What kind of nails? How long? Thickness? Edge nailing versus field nailing. Draftstops. Continuous airspaces. Staggered joints. Type X. Wrapbacks. Is that 1/2-inch drywall or 5/8-inch? No – there isn’t a lot of excitement when it comes to investigating fire-resistive defects. But…
A leaky window isn’t going to mean the difference between life and death for entire families. Fire-resistive construction does. And the point that Brenner makes is salient: it is a mistake to use fire code defects as a “throwaway” during defect settlement negotiations, because lives hang in the balance.
19 March 2007 | Construction, Construction Defect, Consulting, Experts, Litigation | Comments
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