Court litigation of construction 'pathologies'. Issue 3 (4th November 2021)

• Record Type: Journal Article
• Authors: Mendonça, Beatriz Costa de; Mounzer, Elie Chahdan
• Is Part Of: Proceedings of the Institution of Civil Engineers. Volume 174:Issue 3(2021)
• Page Start: 59
• Page End: 65
• Publication Date: 2021-11-04
• Subjects: building failure -- construction pathologies -- court litigation -- engineering liability; Forensic engineering -- Periodicals; System failures (Engineering) -- Periodicals; Materials science -- Periodicals; Risk management -- Periodicals; 624.171
• DOI: 10.1680/jfoen.21.00012
• Languages: English
• ISSNs: 2043-9903

Abstract

Abstract : Damage in buildings caused by construction problems are the source of countless lawsuits. In those lawsuits, it is customary for a judge to request an engineer to analyse the matter and produce a report, adding this report to the case, supporting a court ruling. Engineering is different from law in the sense that it is a mathematical science. Unlike law, engineering is not subject to interpretation. When problems are pointed out by a licensed engineer, it proves technical standards or guidelines were not met. This paper analysed 50 expert reports and categorized the main issues brought to courts for remediation. Sixty-six per cent of the reports indicated systemic flaws only seen after completion of work, typically originated in execution failure. When the main causes of legal litigation for remedying "building pathologies" are properly understood and mapped out, most of these issues can be eliminated at their source, during work execution, preventing lengthy and expensive lawsuits.