Building Code Requirements

By definition, building codes are legal requirements established by a local governmental agency to establish the minimum requirements for all types of construction. Building codes have been enacted, in part, to prevent defects in the design and construction of buildings and to establish the parameters within which structures must be built in order to protect the health, safety and welfare of the general public.

The first known building codes were found in the laws of Hammurabi of Mesopotamia, 2285-2242 BCE. The code was a simple performance requirement that stated:

If a builder has built a house for a man and has not made strong his work, and the house he built has fallen and he caused the death of the owner of the house, that builder shall be put to death.

Typically, modern building codes establish only the minimum requirements for the design and construction of a building including, but not limited to: general building height and area; the type of construction; fire-resistance ratings for structural members; interior finishes; fire protection systems; means of egress; exterior walls; roof assemblies; structural design; soils and foundations; concrete, masonry, steel and wood construction; and mechanical, electrical and plumbing systems.

It is important to note that regulatory constraints on the design process have increased dramatically and have become a major force that regulates almost every aspect of the design and construction process.

For example, the applicable building code for the State of Connecticut is The State Building Code – Connecticut Supplement, Amended 2009. The 2009 Amendment to the State Building Code adopted the 2003 International Building Code; the 2003 International Plumbing Code; the 2003 International Mechanical Code; and the 2005 NFPA 70 national Electrical Code as amended.

The general intent of the State Building Code is stated in Paragraph 101.3 as follows:

The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributable to the built environment and to provide safety to fire fighters and emergency responders during emergency operations.

Modern building codes do not provide for penalties as draconian as those prеscribed by Hammurabi. Today, rather than facing death, the architect and the contractor are faced with the real possibility of litigation as a result, in part, of their failures to design and construct a building in accordance with the applicable building codes.

STANDARD OF CARE - CONTRACTOR

It is the contractor’s duty to perform the work in strict conformance with the contract documents and build a structure in accordance with the design and construction documents.

Typically, AIA Document A201, General Conditions of the Contract for Construction, 2007 Edition, requires the contactor to visit the site and become familiar with the local conditions. The contractor also is required to review the contract documents and field conditions in order to coordinate, review and to facilitate the construction; and perform the work in accordance with industry practices and the acceptable standards of workmanship in the construction industry. Further, the contractor is responsible to supervise the work using its best skill and attention; is solely responsible for and has control over the construction means, methods, techniques, sequences and procedures; and also is responsible to supervise the work. The contractor also warrants that the work will be free from defects and that the work conforms to the requirements of the contract documents. However, the contractor is not required to ascertain that the contract documents were prepared in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or to warrant the adequacy of the design work. However, if the contractor becomes aware of such violations, the contractor is obligated to bring the violations to the attention of the architect.

WHY CONSTRUCTION DEFECTS ARISE

Design defects have become prevalent as a result of the trend to abandon the traditional design approach where the architect would utilize established architectural standards and details for the construction of a building that were similar and consistent, i.e. “tried and true.” The introduction of computer-aided design (“CAD”) with its dependence on stock details, coupled with the rapidly evolving new building materials and systems has had a dramatic impact on the design and construction detailing of new buildings and has greatly increased the potential for defective design. The new materials and systems, many of them untested over time, have limited applications and in many cases are not ideally suited for a particular application, building type and/or geographic location. Architects, in lieu of employing time-tested materials and assemblies, rely on the information, literature and details supplied by the manufacture for the new materials and/or assemblies without a full understanding these limitations and the proper application of the new materials and systems. The vast array of new materials and systems has played a critical role in the increase in design defects claims.

Architects also have tended to reduce the level of details they provide in the design and construction documents in a conscious and misguided effort to leave the construction detailing to the imagination and creativity of the contractor. This lack of adequate detailing may also be due to the lack of experience and understanding by the architect of the basics of a particular assembly and/or material.

The incidence of construction defects has increased due to a fundamental change in the role of the contractor. The “Master Builder” has become the master broker whose goal of low initial cost and higher profits has overridden the goal of providing a defect-free product. Speed and profit have become the contractor’s primary considerations and goals.

Construction contracts have evolved from being the written agreement that facilitated the construction process to becoming the centerpiece of the construction process. The emphasis in the contract has shifted from the contractor ensuring quality construction to protecting oneself through indemnity and insurance clauses. The contractor now engages in “bid shopping” in order to buy out a project with little or no concern about the proper coordination and sequencing of the work.

Further, the lack of quality assurance and quality control on the part of the contractor, coupled with the overall lack of coordination of the work has resulted in scheduling and sequencing problems. The lack of site supervision by the contractor and the lack of adequate inspection of the work by both the architect and the contractor have allowed design and construction defects to go un-noticed.

PREVENTION OF DEFECTS

It is evident that all of the parties involved in a design and construction project want to minimize and prevent the incidence of design errors or omissions and/or defective construction. Prevention of design and construction defects can be accomplished by the implementation of one or all of the following.

Design Phase

1. Production Management

During the design phase of a project it is important for the architect to implement procedures that will subject the design to extensive review and analysis before it is released for construction. This process must involve all of the design team members and sub-consultants in order to provide a complete assessment of the design components with the goal of minimizing the risk of design defects.

One of the most important strategies to implement during the design phase is for the architect to commit to a program of quality management during the both the design and construction document production phase of the project. Proper management of the construction document production phase will ensure the overall quality, accuracy and completeness of the construction documents.

Design changes and revisions to the documents are inevitable and the preparation of a complete and well-coordinated set of design development documents and specifications, approved by the owner, is critical and will provide a sound foundation for the preparation of a complete, accurate and well-coordinated set of construction documents and specifications. Proper management of the preparation of the construction documents will ensure that the technical references, material and systems details, and building code requirements included in the construction documents are correct and up-to-date.

The coordination of the construction documents and specifications is always a critical step necessary to ensure the quality and completeness of the construction documents and specifications. Further, the importance of implementing an ongoing process by which the construction documents are reviewed and checked cannot be overemphasized. At the very least, the construction documents and specifications must be comprehensively checked and reviewed at one or more production milestones before completion of the construction document production phase.

2. Peer Review

Performing a detailed peer review of the design and construction documents will serve to provide another level of review to assist in the development of complete, accurate, well-coordinated design and construction documents that are internally consistent and contain all of the information necessary for the contractor to construct a building without design defects. The peer review will be an aid in identifying design deficiencies, particularly in cases where a new and/innovative material and/ or system has been incorporated into the design and construction documents. The peer review also will provide the owner and the architect with the benefit of different design perspectives and experience. It will provide “another set of eyes” to help improve the overall quality of the design and construction documents.

3. Owner Involvement

Involving the owner in a formal and structured design review process will serve to enhance the final design process, particularly in terms of the layouts, maintenance concerns, circulation patterns, and material and systems selection and desired performance. The inevitable design changes and coordination that will occur throughout the design phase will be more effectively accomplished prior to the start of the construction documents phase and will potentially limit the effect of changes on the design and construction documents.

4. Design Schedule

It is critical that the owner allow the architect sufficient time to completely develop the design. An accelerated and/or shortened design phase will most likely result in design defects due to insufficient time to perform adequate coordination, review, and checking of the design and construction documents to ensure that they are complete, accurate, and well-coordinated. Typically, reduced time equals increased potential for design deficiencies.

In some cases the owner will elect to adopt a program of sequential design package releases, or “Fast-Track,” for different components of a building in order to compress the overall schedule of a project. This scenario will dramatically increase the potential for defective design and the overall lack of coordination of the design packages.

5. Design and Construction Coordination

If possible, it is important to ensure that the architect and contractor collaborate in order to address design and construction issues related to a particular design component or system in order to minimize the potential for design and construction defects. The project delivery systems discussed above will rely heavily on early collaboration and coordination during the initial stages of the project. It is essential that the architect and contractor establish and maintain open lines of communication throughout the project.

6. Construction Manager

Engaging a construction manager to perform a “constructability review” of the design and construction documents during the design phase of the project will help to minimize potential of design defects. It will also help to verify that the construction details supplied by the manufacturers of various systems and components have been coordinated with the architect’s construction details. The constructability review could also identify the completeness and accuracy of the information depicted on the documents; dimensional inconsistencies and/or “busts;” lack of coordination between the design disciplines; and an overall lack of coordination between the drawings and specifications.

7. Value Engineering

While the value engineering (“VE”) process can offer potential savings to the owner, it is important to be very cautious when applying those changes to the design and construction documents. The VE changes will have the potential to result in significant design changes that the architect must incorporate into the design and construction documents and also coordinate the revisions with the other design disciplines. The proposed VE changes could cause a ripple effect through the design and have the potential to cost more to implement than the savings derived. Therefore, it is of critical importance to study all of the implications associated with the proposed VE suggestions in order to determine that the opportunity to save a sum of money does not result in a design deficiency.

Construction Phase

1. Quality Management

The implementation, by the contractor, of a comprehensive quality assurance (“QA”) and quality control (“QC”) program is critical throughout the construction phase of the project. Although it is the main goal of a contractor to complete the work quickly and efficiently and receive prompt payment, it is the owner’s goal to have a defect free building. However the QA/QC programs are implemented, their application to the project will serve to minimize the potential of defective work that will ultimately be rejected. The QA/QC programs will provide opportunity to repair non-conforming or defective work prior to the completion of the project which will protect both the contractor and owner from future litigation.

2. New Building Technology

The introduction of new materials and systems in the construction industry has resulted in the installation of such by contractors who lacked the required experience. The potential for construction defects is dramatically increased when work is performed by contractors with such limited experience. One of the prime examples of the defective installation of a new construction system occurred when Exterior Insulation and Finish Systems (“EIFS”) was introduced. Initially, the use of this system resulted in numerous instances of defective design as a result of the inexperience of the architects in the proper application of the construction details. The installation of the EIFS by inexperienced contractors also resulted in numerous instances of defective construction.

When installing new materials and/or systems, the contractor should utilize the following control measures in order to ensure that its work is installed without defects.

- Require that the manufactures representatives are on-site to observe the initial installation of the new materials and/or systems in order to verify and document that the contractor’s work is correct.

- Conduct in-depth inspections of the work by both the architect and the contractor.

- Use experience and trained workers.

- Use the same crew throughout the project.

- Require pre-certification and/or training of the workers by the manufacturer prior to the commencement of the project.

- Limit overtime and shift work where possible.

In conclusion, the major challenge for the architect, the contractor and the owner to avoid design and construction defects is to eliminate the possibility of human error from the design and construction process. Proper planning and coordination of the design and construction phases of the project will help to mitigate the risk of design defects and defective construction. The tools to accomplish these goals are simple: 1) institute policies and procedures aimed at reducing the potential for defects during the design and construction phases, (2) exercise care during the VE process, 3) take a prudent approach to the design and installation of untested materials and/or systems, and 4) be prompt and prudent response when a potential design and/or construction defect is identified.

HOW TO RESOLVE POSSIBLE CONSTRUCTION DEFECTS

There is a six step process for managing construction defects. Those six steps are as follows:

- Awareness

- Investigation

- Discovery

- Evaluation

- Treatment or remedy

- Financial Recovery

This process can be termed as the life cycle of the investigation and resolution of a construction defect issue.

Awareness

The identification of the manifestation of the defect represents the initial step in the process of awareness. Confirmation and cure is the methodology by which the defect will be properly addressed and remedied.

Initially, the manifestation of the defect is usually the first clue that something is not quite right with the building and is an indication that further investigation is warranted. It is important to understand that any defect in a building is most likely the result of a failure of a specific building system. Failure can be broadly defined as the breakdown in the operation, function, quality, or appearance of a structure, system, component or material. Furthermore, it is important to understand that a failure is not synonymous with a defect. A defect causes something to become unsuitable for the purpose it was intended. A defect is often a condition, quality, characteristic, or component that caused the failure. Failure is the term that is applied to the “inner mechanism” of the defect, that is the process by which the defect becomes manifest. This is called the failure mechanism and determining the failure mechanism is an essential element in the understanding of how a construction defect manifests itself.

Investigation

After you have become aware of the construction defect, a preliminary investigation of the building should be performed. This investigation would involve a detailed walkthrough inspection of the building for the purpose of observing the manifestation(s) of the defect(s). This preliminary investigation is performed without destructive demolition and is performed in order to identify any condition(s) that may indicate the presence of defect(s). This inspection should result in recommendations concerning the ramifications of the observed problems and any recommended actions the owner might take to remedy the potential defect.

During this investigation, it is important to distinguish between defects of academic value and defects of practical value. Cracks in the concrete pavement, or small shrinkage cracks in the structure, which are within allowable structural tolerances and do not result in damage, can be categorized as defects of academic value. Defects of practical value would be those conditions that, if not repaired, would directly result in major damage to the structure.

Discovery

After the preliminary investigation is performed, and additional discovery is recommended, identifying the parties responsible for both design and construction of the building and when the building was constructed is essential. An older structure may have been completed beyond the statute of repose so that recovery from the architect and/or constractor may be barred. Likewise, in a new project, a determination should be made whether the failed item or component is covered by a warranty issued by the contractor, subcontractor or supplier. Further investigation regarding the owner’s insurance coverage also is recommended. The necessary design documents and relevant contracts should be identified and preserved for future use. In addition, necessary parties should be identified and notified so they can participate in the remaining steps of evaluation, treatment and remedy, and possible financial recovery.

Evaluation

The individual who performed the preliminary investigation is not only required to observe, identify and assess the conditions at the building, but also is required to inform the owner of the implications of the conditions observed and determine if they are of academic or practical value, and whether the conditions observed are of a progressive nature and will only get worse over time. If it is determined that defects of a practical value are present in the building, a more in-depth investigation and report should be completed. If the contractor and/or architect are still available, it is advisable to invite them to participate in the process so they are afforded the opportunity to be part of the solution.

The evaluation should include at least some destructive and/ or invasive testing to confirm the existence of the conditions identified in the preliminary investigation. The main goal is to gather enough additional data and information to confirm the observations of the preliminary investigation and to observe any resultant damage. This investigation should include a review of the original contract documents related to the specific problem in question. The construction details should be compared to the actual as-built conditions in order to isolate the cause of the defect and possibly suggest a simple repair. This investigation should also provide additional findings directly related to the problems and conditions in question, the possible consequences of the as-built conditions, and the cost of correcting the defects.

Date: 2016-04-22; view: 1014