Roof Collapse Insurance Coverage and Load Test
Roof Collapse Insurance Coverage and Load Test
(OP)
I think this is somewhat technical, so I'll try this forum. A decade ago, an owner hired an architect to modify a building that causes snow drift load on areas that weren't designed for snow drift. Everything over the 10 years of winters and snow is fine. Then a snowstorm that dumps snow EXCEEDING the code blows into town and brings the building down. A post collapse analysis shows the existing members didn't have strength to meet the code loading.
How would you expect the owner's property insurance to handle this? Knee jerk thought is "SOL owner", but could this fall under load test clauses in the code since it survived for 10 years of loading (that included snow loadings up to the code limits)?
How would you expect the owner's property insurance to handle this? Knee jerk thought is "SOL owner", but could this fall under load test clauses in the code since it survived for 10 years of loading (that included snow loadings up to the code limits)?






RE: Roof Collapse Insurance Coverage and Load Test
Brad
RE: Roof Collapse Insurance Coverage and Load Test
I'm not sure where B16A2 is located, but will need to check the state law there if in the US. Might not be an issue.
As for the insurance company, they might initially deny coverage because of the design defect, but it goes a bit deeper than that (no pun intended on the snow load!). Most insurance companies will insure without inspection or determination of code compliance. If this can be proved for this particular insurance company, then they might be compelled to pay...but those are legal issues best left to the lawyers. Worth looking into in any case.
RE: Roof Collapse Insurance Coverage and Load Test
I'm not aware of any limitations for jurisdictions in Canada. Can anyone advise me of provinces that have legally imposed limitations to liability?
Dik
RE: Roof Collapse Insurance Coverage and Load Test
I'd be very surprised if all of these roof collapses don't get investigated thoroughly by an engineer, maybe from all involved parties. I have done investigations of cracks in ceramic floor tile for insurance companies, so imagine a collapsed building.
RE: Roof Collapse Insurance Coverage and Load Test
In Canada this would turn out to be an interesting case if the claim was large enough. If the claim were less than say $500k, I doubt it would make it to trial. It is sad how many cases are settled because of legal fees.
Dik, I know the western provinces do not have any statues of repose for our services. Many have added this into their contracts. There have been cases that have tested these clauses, and most of the time they hold up. You can find some recommendations in the DPIC contract guide.
Brad
RE: Roof Collapse Insurance Coverage and Load Test
RE: Roof Collapse Insurance Coverage and Load Test
A series of "big" snowfalls doesn't ensure anything as I'm sure the actual in-place snow wasn't measured for depth and density and the loading compared to the code-required loading.
The building codes have specific steps to be taken to load test - usually a test load which is higher than the design load by some percentage, held in place, with deflection measurements both during and after (rebound) the test loading application.
Just suggesting here that the term "load test" not be used too loosely in the context of engineering.
RE: Roof Collapse Insurance Coverage and Load Test
Brad
RE: Roof Collapse Insurance Coverage and Load Test
RE: Roof Collapse Insurance Coverage and Load Test
ht
RE: Roof Collapse Insurance Coverage and Load Test
Dik
RE: Roof Collapse Insurance Coverage and Load Test
Dik, thanks for posting that summary.
Brad
RE: Roof Collapse Insurance Coverage and Load Test
The Province of Alberta has a statute of limitations. Here is a link to a PDF discussing it:
http://w
I have been under the impression that it acts as a statute of repose, but is not called by that name. If Ron is correct, then what is the point of having a statute of limitations?
I note that Ontario, Manitoba and Canada have statutes of limitations, but have not read them.
BA
RE: Roof Collapse Insurance Coverage and Load Test
Dik
RE: Roof Collapse Insurance Coverage and Load Test
You don't bring a claim against the architect because you think it is fixed. Five years later, the wall starts to buckle because of wood framing deterioration. You are barred from claiming under the statute of limitations, but because the design defect was not really repaired, and is causing deterioration, you still have the protection of the statute of repose. You can file a claim against the Architect.
Let's take the same scenario and move the time line. Instead of leaking in 1 year, it takes 8 years for the leaks to show. Problem repaired. You now have only two years to bring claim since the statute of repose expires in 2 years and it is the over-reaching constraint. You do not claim against the architect and 3 years later the wall starts to buckle. No claim available against anyone.
RE: Roof Collapse Insurance Coverage and Load Test
Thanks for your earlier reply and new comment. Until this posting, I wasn't aware that this type of legislation existed in other jurisdictions, let alone Alberta, Canada.
Dik
RE: Roof Collapse Insurance Coverage and Load Test
Brad
RE: Roof Collapse Insurance Coverage and Load Test
Dik, the Alberta Statute of Limitations is relatively new legislation, enacted in 1999. Some years ago, I attended a professional liability seminar in which the speaker advised the attendees that this was good news for architects and engineers as it limited our liability to ten years from the time the service was provided. Now, I am not so sure they were right.
Manitoba has a draft form of Statute of Limitations as seen in the following document:
http://
I do not know if it has been enacted yet and have not read it in detail, but in the introductory remarks, it appears that several provinces have similar legislation.
BA
RE: Roof Collapse Insurance Coverage and Load Test
I should have thanked you earlier too. I didn't know about the AB rules. It is almost like we need legal council on staff nowadays. When I signed up for this line of work all I wanted to do is build things. How naive I was.
Brad
RE: Roof Collapse Insurance Coverage and Load Test
http
I have not read it, but you can find more info by Googling "statute of limitations british columbia"
BA
RE: Roof Collapse Insurance Coverage and Load Test
On May 13, 2008, my firm was sued by the county in which I practiced for a report I wrote on Jan. 5, 1994. I would have thought that the Statute of Limitations would have limited my liability, but it seems the lawyers for the county do not agree.
Like your ex-boss, I am not thrilled about the ongoing lawsuit. My lawyer applied for dismissal on Sept. 7, 2010 and we are still waiting for the judge to render his decision.
BA