Commercial buildings and the cost of a defect
Commercial buildings range from single-tenant restaurants to multistory offices, retail centers, and mixed-use projects. They are often built on tight schedules, under fiscal constraints, and with challenging designs that leave little margin for error. Those pressures are a common source of construction defects.
When an assembly fails, the effects reach beyond the repair itself. Tenants may be displaced, operations interrupted, and leases affected. Owners, contractors, and their counsel need a clear account of cause and a realistic repair scope. Property managers and insurers often need the same information to plan their next steps.
Our expert witness experience includes commercial buildings and restaurants. Commercial properties are part of Gregg de Haan’s current caseload, and we are experienced in commercial inspections.
Building envelope and waterproofing
Many commercial disputes involve water. Storefront and window systems, parapets, roof-to-wall transitions, and below-grade walls are frequent sources of leaks and concealed damage. Exterior finishes such as cement plaster, siding, and masonry depend on the building paper and flashing behind them. A small detailing error at any of these locations can let water into a wall cavity long before it shows inside.
Our services include waterproofing consulting and water testing. Our investigative specialties include windows and doors with product and installation water testing, roofing and sheet metal, subgrade waterproofing, and waterproofing and building paper installation. Water testing attempts to reproduce a leak under controlled conditions to help identify its source.
Gregg de Haan specializes in plan reviews as they relate to waterproofing above and below grade. Reviewing the documents alongside field conditions helps show whether a problem began in the design, the materials, or the installation.
- Storefront, window, and door systems
- Parapets and roof-to-wall transitions
- Cement plaster, siding, and masonry
- Building paper and flashing behind exterior finishes
- Below-grade walls and site drainage
Restaurants and tenant improvements
Restaurants place unusual demands on a building. Kitchens concentrate grease, heat, and water, floors are washed down daily, and rooftop exhaust and refrigeration equipment add penetrations to the roof. A failed floor membrane can damage the structure or tenant space below long before it is visible.
Tenant improvements in any commercial building can alter original assemblies and cut through existing waterproofing. When several tenants have built out a space over time, sorting original work from later work is often part of the investigation. Later work may also add loads to roofs, floors, and mechanical systems that the original design did not anticipate.
Electrical and mechanical/plumbing systems are among our investigative specialties, alongside concrete and roofing and sheet metal. Our associates are active in the building trades and familiar with current building materials.
- Kitchen floor waterproofing and drains
- Grease and waste piping
- Rooftop exhaust and refrigeration penetrations
- Tenant electrical and mechanical alterations
Product failure, costing, and project records
When building materials appear to have manufacturing defects, we are aligned with several laboratories that test and analyze product failure. We also take field samples to store at our office in case they are needed at trial. Preserved samples stay available after a tenant space has been repaired and reopened.
Our services include project costing and property loss analysis. Gregg de Haan specializes in preparing repair scopes, cost estimates, and complex defect reports, which give the parties a common basis for discussing repairs.
We perform comprehensive change order, project cost, and RFI analysis for litigation purposes. A large library of present and past product literature and testing data supports that analysis, along with our knowledge of past and current building codes.
Documentation and expert testimony
We use camera and video documentation techniques to provide trial-ready exhibits. We generate comprehensive field reports and photo documentation promptly, which matters when a tenant space must be repaired and reopened. Clear records also help owners and tenants plan repairs around business operations.
We provide expert witness services for settlement conferences, mediations, arbitrations, depositions, and trial. We are retained by attorneys, insurance carriers, building owners, homeowner associations, and contractors in California, Arizona, and Montana. Gregg de Haan leads field investigations, gathers field data, and attends expert meetings, mediations, and arbitrations.
Our aim in each matter is accurate, organized information that makes complex building deficiencies understandable. The firm’s aim is a balanced, educated opinion for fair resolution, whichever party retains us.
What makes these buildings demanding
- 01Tight schedules and fiscal constraints compress the sequencing between trades.
- 02Storefront and window systems rely on precise flashing and sealant work.
- 03Roof-to-wall transitions and parapets are frequent leak paths.
- 04Tenant improvements alter original assemblies and penetrate existing waterproofing.
- 05Restaurant kitchens add grease, heat, washdown water, and rooftop equipment.
- 06Below-grade walls and site drainage affect lower floors and parking.