Construction Damages Methodology
In this case, the construction damages methodology used by the Holloway Consulting Group was the same as we used on several dozen comparable projects. Here, Holloway served as the resort owner’s roof remediation damages expert.
Our assignment was to identify and quantify the Owners’ cost of repairs/damages associated with six roof repair claims. Our first step was to acquire a copy of the relevant pleadings, along with the critical correspondence, reports, and cost of repairs/damages-related documentation. The next was to develop an understanding of the events associated with, along with the causes of, each claim and to request additional documentation. The final step was to analyze and quantify the Owners’ cost of repairs/damages. This included the identification of any betterments, upgrades, or first-time costs.
Construction betterments are considered upgrades that an owner would typically pay for as a matter of course. An owner’s change from linoleum flooring to marble tile flooring is an obvious example of betterment. However, the cost of repairs/damages presented by Holloway for these six claims did not represent owner betterments. This was because these remedial costs/damages would not have been incurred if the Architect’s original designs had been adequately prepared from the outset.
Roof Issues
During its first winter (2007-2008) of operation, the resort project experienced significant accumulations of ice and snow. Due to the roof and property designs, pedestrians were subjected to falling ice and snow. As a result, in the fall of 2008, the Owner needed to perform temporary roof remediation work. The design for this was to reduce the potential for snow/ice falling off the roof. The remedial roof heat tracing, breaker, and panel board work contained in this proposal request was performed by two contractors. The Owner also needed to perform additional roof ice/snow removal and roof maintenance during the winter of 2008-2009.
Roof Remedial Costs/Damages
In January 2009, as a result of continuing ice and snow and newly discovered falling roof tile concerns, the Owner requested the designer to initiate the development of long-term roof repair options. As a result, the Owner retained a firm to prepare remedial roof designs and to monitor roof remediation construction work.
The Owner took a measured, reasonable, step-by-step approach to their temporary and long-term roof repairs. However, after certain repairs had been performed, the roof might not perform as well as it would have had the Architect originally designed correctly with asphalt shingles rather than concrete tiles. Therefore, the cost of a replacement asphalt shingle roof was included as a compensable damages claim. Other future Owner options and damages claims could involve modifying the roof structure. The purpose would be to reduce the current pitch and incorporating roof drop zones into non-pedestrian areas of the property.
The case settled when the Architect and/or its insurer agreed to pay for the cost of repairs.