truss failure and a lawsuit
truss failure and a lawsuit
(OP)
I got a call from a client who has a 2 year old stick built barn. On either end of the barn the first truss in (not the gable end truss) has a broken bottom chord, completely snapped, and he just noticed it. He has called the builder and the truss manufacturer multiple times and has gotten no where. He is greatly concerned because the first snows are allready falling.
He would like to hire me to design a fix and he is filing a lawsuit against the builder in the mean time. I am a bit hesitant to get in the middle of the whole thing. What would you do?
Judging by the fact that the same truss on either end is broken it's not just some bad 2x material, it would seem to me that there is a design or construction error. Even if I designed a splice to fix the truss, I'm thinking, it is probably overloaded in other areas and would just break at the next weakest point the next snow we get. I suppose I would need to go through the entire structure and review the design and then determine if it was built correctly, ect... Of course the client just wants a splice designed and wants to spend minimal money on this. Am I being overly cautious?
Thanks for your thoughts.
He would like to hire me to design a fix and he is filing a lawsuit against the builder in the mean time. I am a bit hesitant to get in the middle of the whole thing. What would you do?
Judging by the fact that the same truss on either end is broken it's not just some bad 2x material, it would seem to me that there is a design or construction error. Even if I designed a splice to fix the truss, I'm thinking, it is probably overloaded in other areas and would just break at the next weakest point the next snow we get. I suppose I would need to go through the entire structure and review the design and then determine if it was built correctly, ect... Of course the client just wants a splice designed and wants to spend minimal money on this. Am I being overly cautious?
Thanks for your thoughts.






RE: truss failure and a lawsuit
If the two end trusses failed in exactly the same way, I would be concerned that once a splice/repair was performed on these trusses that the next set inside would fail next. Once that happens he will be filing a lawsuit against you because you didn't tell him anything else was wrong. It won't matter to him or the court that it was outside your scope of services.
This sounds like a design or fabrication problem with the trusses, and not something that will go away by repairing only these two trusses.
I'm not saying not to get involved in the project at all. The owner has a significant problem that needs to be addressed, but it has to be addressed fully and the owner needs to understand that. He needs a fix rather than a band-aid.
RE: truss failure and a lawsuit
I would say that your involvement is totally up to you. However, the owner should be aware of some things. Is there a current warranty on the work, either from the builder or from the manufacturer? If so, any work that the owner undertakes would probably void it. If not, then the owner can make repairs and sue for reimbursement of those costs since he's concerned about further damage.
I think the owner should hire a lawyer and let the lawyer decide whether to hire you or not.
RE: truss failure and a lawsuit
Then issue a 'temporary fix' based on the given dimensions with the recommendation that a full structural survey be carried out as soon as possible to determine if other areas have been affected.
csd
RE: truss failure and a lawsuit
Thanks for your guys' input. I think I am going to tell him I will have to review the original dwgs & calcs, verify it was built right, ect..
You bring up a good point, if something else goes wrong I'm sure he would have no problem suing me.
RE: truss failure and a lawsuit
there're enough questions about the structure to stay away from it.
if you do want to help, i guess you could design a repair for the obvious damage (how strong should it be ?) and emphasise that this doesn't guarrantee the whole structure ... even if you repair the bottom chord, can you be sure that the other truss elements are good for their job ?
RE: truss failure and a lawsuit
RE: truss failure and a lawsuit
If the owner is considering a lawsuit, then tread carefully. For a lawsuit to proceed, he should be looking for an engineered report; this should be carefully executed and fees should be appropriate. For regular work I generally charge $100-$120 per hour; for litigation, my fees start at $150 and often go to $200. In addition to highter rates, the reports take longer due to careful preparation.
Dik
RE: truss failure and a lawsuit
RE: truss failure and a lawsuit
This brings up an interesting question: the truss manufacturer will typically assume the bottom chord is fully braced by ceiling. If they were never informed that the bottom chord would be free there would be some problems there.
The bottom chord would be in tension under normal gravity loads, but not for uplift.
RE: truss failure and a lawsuit
If he balks at such an agreement as a condition of your taking him as a client, I would RUN, not walk, away from the project.
RE: truss failure and a lawsuit
I have yet to visit the site and make sure they weren't over spaced in the field.
RE: truss failure and a lawsuit
RE: truss failure and a lawsuit
I know that some of these occurrences can be very interesting to solve, but you do not need to jeopardize your professional future and that of your family by doing so. You cannot save the world.
That being said, considering all the previous comments, I think that material defects are highly suspect here, being it the actual stress grades furnished, knots, or wanes. Could also be a reduced section due to interior undetected rot in the member, although that is a reach, particularly since it occurred in two members.
Mike McCann
McCann Engineering
RE: truss failure and a lawsuit
If you do decide to get involved, I think the failure of the first internal truss at both ends sounds like a global shear failure when subject to lateral load. That is, the bottoms chords tried unsuccessfully to transfer the wind load to the end walls. Conjecture from afar on my part, but could be the explanation.
RE: truss failure and a lawsuit
If you are involved then you can be sued. If there is no-one else involved that can be sued then they will definately try and sue you.
That is why I recommended specifying a temporary fix from afar and recommending further action. They then cannot acuse you of lack of diligence.
But as many have said, it is probably wiser not to get involved.
csd
RE: truss failure and a lawsuit
I have felt for some time that tension cables/bars/plates should be added to bottom chords to help avoid wood truss failure. Splice plates should be considered an assy expedient, not a structural element. "A good fix would be to attach a come-along at the chord ends and attach a bolted splice plate over all splice plates.
RE: truss failure and a lawsuit
What is the point of coming into this discussion and answering a question that hasn't been asked? The chord didn't fail at the splice place, the stick of wood broke between connections.
RE: truss failure and a lawsuit
RE: truss failure and a lawsuit