A construction product defect, or an installation problem?
When a building component fails, one of the first questions is whether the product itself was defective or whether it was installed, detailed, or maintained incorrectly. The answer can affect how responsibility is allocated among manufacturers, suppliers, installers, and builders.
Answering it takes knowledge of the product, of how it is meant to be installed, and of how it was actually installed on the building in question. It also takes the product’s published literature and test data from the period when it was installed.
Product failure analysis is one of the services de Haan & Associates provides. Our associates are active in the building trades and are familiar with current building materials, and that working knowledge is where the analysis begins.
Laboratory testing and analysis
If building materials are found to have manufacturing defects, de Haan & Associates is aligned with several laboratories that test and analyze product failure. Laboratory work adds a controlled, measurable dimension to what the field investigation finds.
Laboratory analysis can examine a material’s composition, dimensions, or performance under controlled conditions. That evidence complements what the field investigation shows about installation, exposure, and the surrounding assembly. Results are most useful when the sample and its source location are well documented.
Neither source tells the whole story alone. A product can test well in a laboratory and still fail in a poorly built assembly, and a well-built assembly can still fail because of a defective component. Sound analysis weighs both kinds of evidence together.
Field samples preserved for trial
We take field samples to store at our office in case they are needed at trial. Physical evidence can matter long after a site has been repaired. Samples also allow questions that arise later in a matter to be answered with the material itself.
In litigation, preserved physical evidence is often central, because the conditions at the site may change once repairs begin. A sample taken during the investigation can be examined again as questions develop.
In general, a sample is most useful when its origin, the date it was taken, and its handling since are recorded. That record allows others to rely on what the sample shows. Careful handling is a general expectation for physical evidence in litigation.
Product literature and performance testing data
We maintain a large library of present and past product literature and testing data to aid our analysis. Our associates are educated on current and past building product performance testing. Older and current literature often differ, and the differences can matter.
Older literature can be important. When the product at issue is no longer made, or its published instructions have changed since installation, the literature from the time of installation is often the relevant reference. It can also show what installation guidance an installer had at the time.
We also have the ability to perform construction document plan and detail analysis for constructability and code compliance, which can show whether a product was specified and detailed appropriately. A product may perform as designed and still fail if the details around it are wrong.
Where product questions arise
Product failures are not always dramatic. A sealant that loses adhesion, a window frame joint that opens, or a membrane that turns brittle can each let water in quietly. The damage may not be visible for a long time.
Findings support our forensic reports and our expert witness services for settlement conferences, mediations, arbitrations, depositions, and trial. Laboratory results, field samples, and product literature can each become part of that record.
Product questions can arise in any of our investigative specialties, including those listed below. Each involves materials whose performance depends on both manufacture and installation.
- Windows and doors, including product and installation water testing
- Cement plaster, wood siding, and composite siding
- Roofing and sheet metal
- Waterproofing and building paper installation
- Subgrade waterproofing
- Electrical, mechanical, and plumbing components
What we examine
- 01Building materials suspected of manufacturing defects
- 02How the product was installed in the field
- 03Window and door products and installations
- 04Siding, cement plaster, and roofing materials
- 05Waterproofing and building paper
- 06Present and past product literature and testing data
What you receive
- Field samples stored at our office in case they are needed at trial
- Comprehensive field reports
- Photo documentation
- Field testing data prepared for trial
- Expert witness testimony
How the work proceeds
- 01
Field investigation
Our field personnel identify and document the conditions, including the product and how it was installed.
- 02
Field samples
We take field samples and store them at our office in case they are needed at trial.
- 03
Laboratory testing
Where materials appear to have manufacturing defects, we draw on our alignment with several laboratories that test and analyze product failure.
- 04
Research
Findings are compared with present and past product literature and testing data from our library.