Lawyer Monthly is able to hear from Jeff Martin, Fortress BEC. He provides further insight into the current state of the construction industry. He focuses on building envelope consultation, modern construction issues and why the legal industry should anticipate a wave in construction litigation in 2023 and beyond.
What is building envelope consulting?
Sometimes referred to simply as the “wrap” of a structure, the building envelope is also known as the “wrap”. It is basically the exterior components of the roof, walls, and below-grade (where applicable), waterproofing that help keep moisture out of the building. The details of the envelope’s construction are our primary concern. This is often done by assisting designers with waterproofing details that can be incorporated into the design.
The design can then be followed into the field to monitor, test and report on quality assurance. Our forensic work involves looking into the causes of water intrusion and identifying the problem.
What services does Fortress BEC provide in this region?
Our company assists with the design of roofing, weather barrier (or WRB for short), waterproofing, and other components. Our firm often assists owners and architects to create better designs, detail and material selections for new projects. Many renovations and remodelling projects also require us to do the design work. Our services include inspections for compliance and testing during construction. We provide condition assessments for building inspections, as well as legal and forensic assistance when necessary.
What can building envelope expertise do for legal matters?
According to the American Institute of Architecture, as well as other organisations involved in construction, moisture-related problems are one of the leading causes of litigation today’s market. Many problems can and will develop when water gets inside a structure. These problems can range from minor issues to more serious ones. Any building component can be damaged by water intrusion. It can cause a variety of problems such as loss of R value in the building, unsightly stains and mould, as well as slip-and fall hazards.
According to the American Institute of Architecture (AIA), as well as other organisations related to construction, moisture-related issues are a major cause of litigation in today’s market.
An expert in building envelopes can assist legal firms in determining the source of the damage and the best ways to remedy it.
What are your general interests?
We continue to help in the design phase on both new construction and renovation/replacement work for roofing, walls, waterproofing and more. You can use the ASTM water testing methods for high and low voltage roofs and plaza decks. Infrared, capacitance scans, and other procedures are also available. Construction is still challenging due to a shortage of skilled labor and lack of training. Project oversight is essential.
What has been the most impressive development of the construction industry during your time as a professional?
The building construction envelope has changed dramatically since we began in the mid-1980s. The construction methods and materials used in building have changed, for the better and worse. Because of the increasing demand for energy efficiency, we are asking for more from our buildings than ever before. This has driven the market to develop new materials and construction methods that provide maximum energy efficiency. We see no end in sight.
Communication technology is a major challenge in our industry. It is amazing to be able speak with someone on the jobsite via live video. This allows you to quickly report to all parties and mitigate any issues.
We have observed one negative aspect in the construction industry: the low number of young tradespeople. This is a constant challenge.
What are the main problems that you see in the construction industry in your jurisdiction?
Both today and in the future, there are many challenges facing the construction industry. The biggest impact on the construction sector is I believe the retirement of older skilled workers and the insufficient entry of young people into the workforce, particularly in skilled trades. This is also true in engineering and architecture.
Construction faces many challenges today and in the future.
Sometimes, the quality and completeness provided to builders in construction documents is simply unacceptable. The individual trade contractor is responsible for much of the design work and, even worse, to assume or guess at the intent.
Installation crews are also not receiving adequate training. It is common to hear the phrase “Well that’s how I’ve always done things”, which can have a negative impact on the quality of the final product. Although training is improving in certain sectors, it still lags behind what is required.
We have seen buildings that were completed too quickly to meet deadlines for construction. This can result in incorrect sequencing and eventual failure of building components. These problems can be costly to fix once the structure has been completed.
How has the COVID-19 pandemic affected the roofing industry?
Material shortages were the biggest effect of the pandemic, which severely impacted construction schedules. There were many problems that arose from panic in order to maintain the construction schedule. Material that was not specified or available were changed to make the project more feasible, which led to problems in the design. These could lead to failure.
It has been challenging to manage the project’s start and stop times. Some projects have different crews and in some cases even subcontractors. This can lead to confusion about the scope of the project and the installation.
Are you still seeing problems in the supply chain? Is this due to the pandemic?
Although we continue to see problems with the materials supply chain, it is improving and will continue to improve. This was mainly due to the pandemic, but construction has been solid for several years. The supply chain was also stretched a bit even before COVID.
What other developments are you expecting in the construction industry in the coming year?
As interest rates rise, we expect the supply chain will continue to moderate. We also anticipate a slowdown in construction. We expect more litigation from construction-related failures this year and over the next few years.
Construction has been facing severe challenges over the last few years due to supply chain issues, the pandemic and the shortage in skilled labour. We observed many projects that were either not completed according to plans or rushed to completion. Failures can be caused by many factors, not just the ones listed below.
- Problems in supply chain where materials were replaced and did not match original design.
- Material warranties are invalid due to mismatching.
- Problems with construction projects that had to start/stop on the construction schedule.
- Some owners are driven to maintain unrealistic schedules.
- Problems caused by a shortage of labour.
- Subcontractors were ‘farming out’ their work to lower-tier subcontractors, who were often not qualified but could provide bodies or a low price.
- Inadequate supervision.
- Lack of proper design in the plans and specifications due to inexperience in the architecture/engineering fields.
- Continued efforts to make structures more water-tight using a variety of materials and processes.
We believe that the above factors will lead to a large increase in construction litigation over the next months and years. This will be largely due to water intrusion through building envelopes and associated problems.
Jeff Martin and Mark Stewart
Fortress Building Envelope Consultation
Tel: +1 919-730-1785 | +1 864-965-8668
E: [email protected] | [email protected]
Jeff Martin has extensive knowledge in roofing and building envelope design. He also has experience protecting the owners’ interests during construction. He is a licensed contractor and consultant and has several certifications in building envelope.
Mark Stewartis a Registered Roof Consultant (RC) and Certified EIFS Inspector. He holds a Bachelor’s Degree in Construction Management from East Carolina University. Mark has been in the commercial roofing business for over 30 years as an estimator and project manager. In 2013, he was promoted to Manager of Estimating & Sales. Mark is familiar with a variety of commercial roofing projects, from simple to complex. He was also the district 4 director for the local CRSMCA, the Carolina Roofing and Sheet Metal Association.
Fortress BECprovides complete building envelope consulting across the United States. The firm has over 60 years of combined experience in consulting and contracting, and offers a wide range of services that will ensure the integrity of your building envelope.