Forensic Expertise: Construction Defects, Standard of Care, and Errors & Omissions

There’s no simple definition of what constitutes a forensic construction or engineering investigation. Yet, they all have one thing in common: A forensic investigation must be thoroughly defensible and accurate.

Steven P. Viani, P.E., brings a high level of expertise and preparation to forensic construction and forensic engineering cases, many of which have been settled before reaching a courtroom.

Steve’s performed forensic investigations for wastewater treatment plants, schools, commercial buildings, houses suffering from water intrusion damage, expansive soils, presence of mold, and to determine possible construction defects.

Although a large portion of forensic investigations involve a construction defect, some of Steve’s forensic investigations have involved accidents or failure to follow proper protocols. Other past forensic investigations Steve resolved focused on accident reconstructions, equipment failures and detailed reviews to determine the cause or candidate causes.

As both a licensed civil engineer and general contractor with A and B licenses, Steve brings a deep level of experience to a wide range of forensic investigations and construction defect cases.

Construction Defect Cases:

• Provided expert review of improperly designed 6,000-square-foot residence where design contributed to excessive movement causing damage to structure.
• Provided determination and expert review for $25 million construction defect case regarding structural failure at a glass melting facility in Modesto, California.
• For a construction defect case in San Francisco, Steve developed a claim document for re-working construction errors and new work in the amount of $1.2 million

Accident Reconstruction and Accident Investigation Cases:

• Provided expert services for a fatal accident involving improperly secured construction equipment on a construction site in Northern California.
• Provided expert services, including accident reconstruction of a major fall injury case involving truck loading at an active wastewater treatment facility in the San Francisco area.
• Provided determination and expert witness services for accident involving multi-party commercial construction site in Auburn, California, involving rolling scaffolding.
• Investigation of drug cause and origin of drug house fire where residence was used to make hash oil in Mendocino County.
• Provided investigation and expert testimony regarding technical issues for a mirror that fell off a wall and injured a patron of a hotel in Los Angeles.
• Provided technical investigation for an insurance claim involving an untrained employee who fell through an unprotected skylight near Redding, California.

Standard of Care Cases:

• Steve evaluated $1 million claim by contractor against City of Santa Barbara and engineer regarding defective and deficient contract documents, as well as standard of care of engineer for a tertiary wastewater treatment plant expansion.
• Evaluated the design by an engineer for a glass stair rail system for a dwelling in Oakland.
• Evaluated the design of structural footings that did not penetrate into native soil with the resulting residence experiencing movement and damage in the Sierra Foothills.
• For a case near Pescadero, California, Steve investigated the failure of an engineering firm to determine the location of a flood zone and a failure to design the drainage system for flood conditions.

Errors and Omissions Cases:

• Provided engineering review of plans and specification prepared for a building in the Southern San Joaquin Valley where drawings were incorrectly produced that did not meet Code requirements.
• Provided engineering review of grading plan prepared for a subdivision in the southern San Joaquin Valley. The drawings were incorrectly produced and did not meet San Joaquin Valley Building Code requirements, cost the client extra, and failed to address comments from plan checker. Some of the errors and omissions were deemed to be negligence.

Forensic Engineering and Construction Cases:

• Provided expert determination and review of shoring/scaffolding failure at mid-rise residential/commercial building in San Francisco that was overloaded.
• Evaluated under-strength, pre-cast concrete piles delivered and driven at wastewater treatment plant in San Francisco. Scope evolved into review of concrete strength with coring, testing and removal throughout facility.
• Determined cause and scope of remedial measures for condo building in Sacramento affected by water intrusion through roofs, walls and walkways that resulted in mold and structural damage.
• Performed cost to complete and termination for default owner against contractor constructing a fast food restaurant in Northern California.
• Performed forensic review of enforcement actions against engineers to determine if they were negligent or committed errors and omissions in the course of work identified in a complaint for Board of Professional Engineers, Land Surveyors and Geologists.
• Performed a forensic analysis of engineering and construction of a jet grouting project in Los Angeles where the design failed to include bench scale formulation and testing and the final result did not achieve project objectives. Case settled after deposition.

Engineering Expert Witness & Construction Expert Cases

Steven P. Viani, PE has acted as a construction defect expert,engineering expert witness, and as an insurance appraiser in more than 500 cases for attorneys, homeowners, small-to-medium size businesses, Fortune 500 companies, and government entities.

• Engineering expert witness cases
• Insurance appraisals and construction claim cases
• Landslide repair expert cases and soil investigations
• Construction contract dispute resolution
• Engineering litigation support using large databases

Need an Expert Forensic Engineer For Your Dispute?

Steve Viani, PE, is an expert forensic engineer who has testified as an expert witness and provided forensic analyses of engineering and construction methods.

Call (916) 952-8503 now to discuss your case with Steve. If you prefer, click now to contact Steve about your engineering or construction case.

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