C-Risk provides Construction Defect (CD) Mitigation as one of our risk management consulting services. This service includes detailed investigations to determine the root cause and origin of alleged construction defects, research on current and past building code conformance, reviews of manufacturer's recommended installation requirements and specifications, and reviews of construction industry standards that are applicable to the element of work under investigation.

In most cases, alleged construction defects are a result of inadequate and/or faulty workmanship. In fact, 95% or greater, of the construction defect cases are related to workmanship issues, not material and/or product failure.

Our CD Mitigation program is based on a Quality Control & Quality Assurance (QC/QA) methodology that incorporates a team approach, augmented by leading edge technologies and the experience of engineering and construction experts. C-Risk helps owners, builders and developers to improve their building construction processes to deliver a higher quality product (home) to the consumer (homeowner).

C-Risk developed the CD Mitigation program utilizing the stringent requirements of an ISO 9000 Quality Systems Standard. This program integrates the "Plan, Do, Check and Act" methodologies of the TQM quality improvement process, and incorporates three key processes for improving building design and construction. These processes include; Peer Reviews, Quality Control/Quality Assurance (QC/QA), with integrated Risk Management and Loss Control practices.

C-Risk has increased the standard of care, or as our CD Mitigation consultants refer "raised-the-bar", in areas of building construction that have proven to be the most problematic and costly, as it relates to both construction defects and homeowner complaints. These raise-the-bar standards have been rigorously researched and evaluated, and if incorporated into the design process, will not increase hard construction cost that would require an adjustment in the projected sales price of residential construction. This provides real value to builders, while providing homeowners with the assurance of a quality-constructed and defect-free home.

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PEER REVIEWS (Design review recommendations)

Peer Reviews are performed during the project design phase in order to mitigate or eliminate the potential for construction “defects”, which often result in construction defect claims. By reviewing the project plans and specifications, we are usually able to identify potential problem areas that have historically resulted in major causes of failure. Some of the more prevalent construction defect producing areas of the building construction process are the result of: improper design, non-compatibility of materials; faulty and problematic wall to window conditions, roof to flashing tie-ins, waterproofing/dampproofing-related issues, soils-related problems that include subsidence or expansive soils issues, and sulfate and galvanic corrosion attack.

Failures in most of these troublesome areas can be corrected once identified. The best time to identify and mitigate these potential problem areas is during the design phase, prior to finalizing the project plans and specifications. Through years of experience in construction defect reviews and analyses; i.e. destructive/invasive testing, etc., we have collected enough empirical data to be able to identify and quantify from statistically significant information the top ten or twenty potential construction defect candidates, and have determined what works best and what does not in the use of various construction technologies, techniques and products, and in the application of building materials.

Our network of experts will work closely with the builder/developers design team and will prepare written reports that include comments, strategies and recommendations on how to improve the design process. Checklist can also be developed and implemented for a particular project, detailing specific areas that require a more detailed review during the construction inspection process. These checklist items are usually prepared for areas that have proven over time to be the most problematic and costly, with respect to construction defect litigation.

By implementing a peer review process, it will significantly reduce the potential for change orders and construction delays due to inadequate design and planning. In addition, builders/developers can increase their marketability to homebuyers by utilizing a third party quality control consultant and a peer review certification process.

C-Risk will meet with owners, builders and developers to help institute program recommendations that will reduce and/or eliminate any claims and/or law suits with regard to construction defect issues. Ultimately the builder/developer will be better prepared to defend against any alleged claims or losses through our recommendations and CD mitigation program.

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CONSTRUCTION PROCESS INSPECTION (QA/QC Implementation)

Prior to the start of any construction work, C-Risk will schedule a pre-construction meeting with the builder/developer. The purpose of this meeting will be to define the parameters for the implementation of workshops and/or seminars to be provided to all management and field personnel that will be involved with the project. The type of education and training will help everyone to better understand QA/QC issues, risk management and loss control practices, and the responsibilities of each person on the project.

During the construction inspection process, C-Risk will verify that the work has been performed in accordance with the final set of approved plans and specifications, and that all applicable industry standards and manufacturers installation requirements have been met. We put a heavy emphasis on the critical areas of the construction process that have had a history of construction defect or homeowner warranty related complaints.

These areas will be clearly and precisely reviewed during the construction inspection process, and any areas found to be not in conformance, will be immediately addressed. We will scrutinize the project from the ground up, actually beneath the ground up, with exacting focus and attention to detail at each critical stage of the construction process. We will also assure compliance for all critical assemblies.

Our experts will prepare inspection reports with comments, photographs and photograph logs, identifying the specific nonconforming areas. Notice will be given, both verbally and in writing, to project management. The report will delineate all issues and/or non-conformances that have been identified and documented, and corrective action recommendations will be provided. By addressing these areas of nonconformance in a timely manner, there will be minimal or no delays to the project construction schedule.

Additional project site visits will be conducted as necessary to review any nonconforming work of construction trades and/or items that were previously identified during prior jobsite visits. We will also verify and document that corrective action has been taken and that the nonconformance has been addressed satisfactorily.

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FORENSIC INVESTIGATION / CONSTRUCTION DEFECT ANALYSIS

C-Risk can provide experienced construction defect professionals to assist with visual inspections and the destructive testing process, if required. Based upon your specific needs, we will supply a written report, detailing the actual cause and origin of the alleged defects, photographs that will document actual conditions, and any destructive testing findings. Our reports/inspections will be based on the original building code at the time of construction.

We will evaluate installation procedures against industry standards, and manufacturer installation requirements. If applicable, we can supply any and/or all construction litigation support, i.e. expert presentations, mediations, arbitrations, and depositions, as necessary to defend a client in an alleged construction defect claim or dispute.

If the case goes to trial, we will attend as needed. We will also supply experts who can conduct document depository reviews, in order to gather information necessary for case preparation. We can provide expert presentations in order to mitigate the potential of litigation.

The information provided by C-Risk on construction defects is intended for general information purposes only and does not constitute, nor is it intended to constitute, legal advice. You should always consult with legal counsel to determine how the laws or legislative decisions on construction defect liability apply in your specific State and/or circumstances.

C-Risk has included a detailed reference section focused on construction defect issues and CD mitigation practices in the Construction Defect subsection of the Construction Risk section. It includes information on construction defect claims & litigation, with an emphasis on the State of California, EIFS CD issues, and Colorado construction defect law.

For additional information about C-Risk Construction Defect Mitigation services and how we can assist you with your company's risk management program requirements, please contact us at 503-228-0884 or email consulting@c-risk.com.