Forensic Investigations of Claims of Design Defects

Damage to a Thin Brick Veneer on a New Commercial Building

Mr. Bernhardt investigated damage to a thin brick veneer on a concrete foundation wall.  About two years after construction, the thin brick veneer began to delaminate from the concrete base and fall off the building. Mr. Bernhardt took samples of the veneer, mortar, and concrete and had them laboratory tested to determine if the material conformed to the specifications.

Failure of Precast Prestressed Hollow Core Beams

A number of precast prestressed concrete hollow core beams were supported on two retaining walls over a detention basin in a parking lot.  Over a period of 20 years, several of the hollow core beams collapsed.  It was alleged that the structural engineer did not use the standard of care in specifying and protecting the beams. Mr. Bernhardt was retained for the defense of the structural engineer. Mr. Bernhardt analyzed the beams, obtained topographic surveys, and tested samples of the concrete in several beams.  After researching the file, Mr. Bernhardt discovered that the protective measures to resist water intrusion and corrosion specified by the engineer were never constructed. Mr. Bernhardt testified in the deposition.

Contractor Claims of Design Defects in Bridge Design

A Design-Build Contractor claimed that they suffered financial losses in a large design-build project because the bridge designer had changes in the bridge design after the bid. Mr. Bernhardt prepared a report rebutting the claims of the plaintiff’s engineer. The defendant’s attorney indicated that they successfully settled the matter for a much lower cost due to the quality of Mr. Bernhardt’s report.

Structural Damage to a New Tilt-Up Building

After construction and before the building was occupied, a portion of the structural steel-supported roof collapsed after a rainstorm. Mr. Bernhardt measured and evaluated the damaged area of the building and the damaged components. He determined that the building design did not have a secondary roof drainage system as required by the building code. The primary scupper had become blocked, the water had been retained on the roof, and the excessive weight collapsed the steel open web steel joist supported roof and part of the concrete tilt-up construction.

Structural Damage to a Multi-story Industrial Structure with Vibrating Equipment

It was claimed that the design engineer failed to properly evaluate the effects of the vibrations for the welded steel design.  The result was numerous cracked welds.  After reviewing the project file and the design and construction documents Mr. Bernhardt opined that the Contractor constructed the steel frame before the structural design had been completed and thereby incorporated deficient details in the construction.