Why the investigation comes first
Construction disputes often begin with a symptom: a stain, a crack, a leak, or a failed finish. The symptom rarely explains itself. A forensic construction investigation works backward from what people can see to what the building is actually doing, and why.
Building inspection and field documentation are among the most important aspects of construction defect conflict resolution. Everything that follows, from the analysis to the repair estimate to any testimony, rests on what was observed and how well it was recorded. Care early in an investigation prevents confusion later.
We are retained by attorneys, insurance carriers, building owners, homeowner associations, and contractors in California, Arizona, and Montana. The steps below describe a typical investigation in general terms. Every building and every matter differs, and the questions at issue set the scope of the work.
The timing of an investigation also matters. Conditions change as buildings age, as repairs are made, and as seasons turn. Documenting conditions before repairs begin preserves evidence that may otherwise be lost.
Starting with the documents
Before anyone climbs a ladder, the paper record frames the questions. Plans, specifications, product submittals, inspection records, change orders, requests for information, and maintenance history show what was intended and what changed along the way. Complaint logs and prior repair records show where problems were first noticed.
We perform construction document plan and detail analysis for constructability and for code compliance. That review can show whether a condition traces to a detail as drawn or to how the work was carried out. We also perform comprehensive change order, project cost, and RFI analysis for litigation purposes.
Product literature matters as much as the drawings. Manufacturers publish installation requirements, limitations, and test data for their products. We maintain a large library of present and past product literature and testing data to support this analysis.
Document review usually aims to answer a few core questions. The answers shape the field work that follows.
- What the design required at the location in question
- Which products were specified, submitted, and installed
- What changed during construction, and why
- Which code edition and standards applied
- When problems were first reported, and what repairs followed
In the field: inspection and documentation
Field work usually starts with a survey of the whole building or the affected areas. Investigators record conditions by location, take measurements and moisture readings, and note how interior damage relates to exterior features. Patterns across a building often say more than any single location.
When the parties agree, inspection openings expose what finishes conceal: flashings, barriers, framing, and connections. These openings are often made under a protocol so that every party can observe and document the same conditions. Each layer is photographed as it is uncovered.
We use state-of-the-art cameras and video documentation techniques to provide trial-ready exhibits. Our associates are active in the building trades and familiar with current building materials, and our field personnel identify and document defects promptly.
Access and timing are planned around the building. Occupied homes, operating businesses, and schools each set limits on when and how investigators can work. Protecting occupants and finishes is part of planning any opening.
Testing, samples, and the laboratory
Observation shows what is there; testing shows how it performs. Water testing at windows, doors, walls, roofs, and decks can confirm whether a suspected path actually leaks. Moisture mapping, flood tests, and drain inspections answer similar questions for other systems. Infrared imaging and moisture meters extend what the eye can see.
Physical evidence is preserved. We take field samples to store at our office in case they are needed at trial. A sample removed from a wall or roof today may be the only direct evidence of that condition once repairs are made.
Some questions turn on the material itself. If building materials are found to have manufacturing defects, we are aligned with several laboratories that test and analyze product failure. Laboratory findings help separate a product problem from an installation problem. The two often call for different repairs.
Each test is planned to answer a specific question. A useful test record states the area tested, the method, the pressure or flow, and the duration. Others can then examine the result or repeat the test.
Research and analysis
Field findings are then measured against the requirements that applied. We are educated on past and current building codes, SB800, and current and past building product performance testing. The code edition in force when a building was permitted, the approved plans, and the manufacturer’s instructions often form the benchmark.
For residential construction in California, SB800, the Right to Repair Act, sets performance standards for many building components and a prelitigation process for claims involving new homes. Its standards address issues such as water intrusion, cracking, and drainage, so investigations of covered homes often refer to them. Whether and how it applies to a particular home is a legal question for counsel.
Analysis is also where findings are organized. Conditions are grouped by type and location, linked to photographs and test results, and described in plain terms. Our goals in any dispute are clarity and accuracy.
Most building problems have more than one possible cause. Design, materials, installation, maintenance, and later alterations can each play a part, and sometimes several do. Careful analysis weighs each possibility against the evidence before reaching a conclusion.
Reports, repair scopes, and cost estimates
We generate comprehensive field reports, photo documentation, conceptual repair scopes, and cost estimates promptly. The report records what was observed, where, and how it was tested, with photographs tied to each finding.
A conceptual repair scope describes the repair approach at a level suited to estimating and discussion. It is not a set of construction documents, and final repair design may require further work by others. It does give the parties a common basis for comparing options and costs.
Cost estimates follow the scope, and they also reflect access, protection, and the sequence of work. When the scope distinguishes local repairs from broader ones, the estimate does the same, which helps everyone understand what each option involves.
Forensic reports vary with the questions asked. Most well-organized reports include the elements below.
- A description of the building and the questions investigated
- Observations by location, with photographs
- Test methods, conditions, and results
- Conclusions tied to the evidence
- A conceptual repair scope and cost estimate, where requested
Expert meetings, mediation, and testimony
Many construction matters resolve before trial, and investigation findings shape those discussions. We perform expert witness services for settlement conferences, mediations, arbitrations, depositions, and trial. Gregg de Haan’s role includes leading field investigations, attending expert meetings, mediations, and arbitrations, and preparing field testing data for trial.
Expert meetings allow consultants for different parties to compare observations and narrow disagreements. Mediations and settlement conferences rely on clear summaries. Depositions and trial require that every opinion trace to the evidence behind it.
Information has to make sense to attorneys, owners, boards, and builders alike. Trial-ready exhibits, consistent photo logs, and test records that a reader can follow allow the facts to be weighed on their merits. That is the purpose of a careful investigation from the first site visit forward.