Residential Structural Repairs
Residential Structural Repairs
(OP)
I am acting as expert witness to a lawsuit case. The skinny is: A whole lot of termite damage to floor joists occurred, and the contractor elected to notch/trim and splice joists back together in a haphazard manner (trying to avoid relocating mech and electrical work not in his/her scope). It is clear (to an engineer) by inspection that it doesn't meet the IRC or any rational engineering analysis. I am going to show by analysis examples why their repair attempts are insufficient for the building code-required loads, but I am also looking to show that the contractor was acting outside of their legal practice by attempting to make decisions which only a LDP may do - a much more egregious error. I am having a tough time connecting the dots to prove as such (County Code --> IRC/IEBC --> AWC NDS/WFCM). I am waiting to hear back from the county, but I am not really optimistic they will be able to answer my question as it does not pertain to a building they have to review for compliance.
-Mac






RE: Residential Structural Repairs
In my location/state there are set laws as to when an engineer is required to perform design. In the case of single and two-family residential, there is a square foot limit - so any single family residence that is less than 10,000 occupiable square feet (i.e. not the garage) does NOT need an engineer to design the building. Anything over that then an engineer is required.
In your case, it may be that the "carpentry" performed by the contractor is within a limit like that such that full engineering of framing isn't required by law.
That said, the carpenter still needs to meet the applicable code - the IRC for example - and if the work performed doesn't meet the IRC standards - which are really just simple span tables, detail requirements, etc. - then usually our city inspectors flag it and make the contractor get licensed engineering help.
I think that if they simply replaced the joists with new ones, then they would be "legal" in that they were simply doing IRC stuff, which any contractor can do.
On the other hand - since they spliced on sistered joists in a manner that is NOT covered in the IRC, then an engineer is required.
Look at section R301.1.3 Engineered design (IRC 2006) for the IRC's statement that when construction exceeds "the limits of Section R301 or otherwise not conforming to this code, these elements shall be designed in accordance with accepted engineering practice."....i.e. you'd need an engineer.
In other areas of the IRC Chapter 1, there's a lot of references to the building official having authority to demand additional tests, proofs, etc. if construction doesn't follow the formats and requirements of the IRC. So if the official questions something, an engineer could be required.
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RE: Residential Structural Repairs
Juston Fluckey, SE, PE, AWS CWI
Engineering Consultant
RE: Residential Structural Repairs
Yeah, that is where they shot themselves in the foot. Unfortunately, they were also not too good at following even the prescriptive requirements, e.g. blocking, min. fasteners, etc.
That would have saved this homeowner a lot of problems. I haven't even looked into the inspection requirements for residential structures in the county. I am almost certain that third party inspections are not required for this work.
-Mac
RE: Residential Structural Repairs
Yes, state-controlled. Great point - it reminds me that there is a contractor assisting the owner in fixing the "repairs" and providing testimony as an expert as well. I will certainly ask if they can look into that.
-Mac
RE: Residential Structural Repairs
Another issue I see is that you're an engineer opining on the standard of care of a contractor. This can get dicey in court.
RE: Residential Structural Repairs
RE: Residential Structural Repairs
Chapter J in the IRC is useless. IEBC isn't useful because the building code references the IRC for repairs. My state threw out their custom existing building code back in 2012. Even if the IEBC was applicable, I don't think it provides me the language I was looking for.
I agree with 99.99% of that statement. However, I am not intending on arguing the particulars of their standard of care, other than to identify where their's ends and ours begins. That seems like something we should know. If they do not intersect, there is a problem! Also, as I mentioned, there is a contractor on-board as expert witness. I just spoke with him, and he is not aware of any specifics in the state's contractor standard of care for defining the boundary of their practice.
XR - the latter is what happened, in spades.
-Mac
RE: Residential Structural Repairs
RE: Residential Structural Repairs
-Mac
RE: Residential Structural Repairs
If a permit was pulled and the GC allowed to proceed by the BO, I think your malpractice allegation against the GC is sunk; albeit, it sounds like he performed a negligent repair.
RE: Residential Structural Repairs
I understand where you are coming from, but the IEBC is not adopted as the existing building code for one and two family structures in this jurisdiction. IRC Appendix J is technically not even referenced in the county code (Appendix J has the subtext of "The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance.").
In this jurisdiction, the contractor is responsible for permits.
-Mac
RE: Residential Structural Repairs
RE: Residential Structural Repairs
-Mac
RE: Residential Structural Repairs
RE: Residential Structural Repairs
-Mac
RE: Residential Structural Repairs
RE: Residential Structural Repairs
-Mac
RE: Residential Structural Repairs
I always end up regretting pro-bono jobs and jobs for Family or Friends.
RE: Residential Structural Repairs
Sometimes pro-bono jobs do end up with being taken advantage of. But, there aren't many days that go by without being taken advantage of by someone. I think we all are used to, and expect, getting beaten up by our professional relationships. Written contracts and verbal agreements seem to amount to very little these days. Either relationships are new & fleeting or they are constantly in jeopardy, threatened by another consultant who's fee is 5% less, with 50% less quality.
-Mac