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Definition
Frailty or shortcoming of an item resulting from a
defect
in its
concept,
and which can be avoided only through an
alteration
or redesign of the item.
Defects
in design and engineering can be prohibitively costly to
resolve.
Design defects in construction are defects that make a
structure inherently unsuitable for its intended purpose, even
when implementation of the design is executed correctly by
builders and craftsmen. A serious design defect can be
difficult and prohibitively expensive to resolve because it
may require substantial modification and rebuilding of a
structure.
Design Defects in Construction
Failure to meet functional requirements
An example of a serious design defect in a home or office
building is an architecturally unique roof design that
leaks. While a design may be aesthetically appealing, if it
leaks it is useless. The primary purpose of a roof on homes
and office buildings is to protect the structure and its
contents from weather, and especially rain. If it leaks, it
fails to be suitable for its intended purpose and represents
a serious design flaw.
Failure to disclose design risks
Similarly, a cantilevered deck that is inadequately
supported so that it places unusual stresses on other
portions of a structure causing cracks in walls that need
constant repair is a design defect. Good design practices
must incorporate both aesthetic and functional
considerations, as well as consider factors such as the
structure soundness of a design and long term maintenance
requirements.
Design
failures cause design defects
When architects, designers, or engineers fail to satisfy the
functional requirements of a design, or when they fail to
recognize and disclose potential risks associated with a
design, the result can be a serious design defect for which
they should be held accountable. Property owners should not
have to bear the costs of resolving defects caused by
careless design and engineering mistakes made by
professionals who should know to avoid them.
Typical
Design Defects:
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Building code compliance issues
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Insufficient and/or incomplete drawings
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Improper material specifications
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Roofing design defects
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Design and performance specifications
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Window/curtain wall design issues
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Building envelope design defects
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Approval of defective construction
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Performance and Payment Bond issues
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HVAC design problems
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Structural failures
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Subsurface soil matters
Mr. Albers is an expert witness in a court of law, but
is not an attorney. If you have legal questions related
to any of these topics, please consult an Attorney. |
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Florida Design
Defects Expert Witness
Thomas G. Albers, Sr. - AIA,
NCARB, RCI
Florida Expert Witness
2518 Burnsed Blvd. Ste 609
The Villages, FL 32163
(321) 356-0218 (Cell)
(352) 633 0168 (Tel)
Florida Expert Witness
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