“Avoiding Lawsuits”, Masonry Design, Lionheart Publishing, Inc., Marietta GA,  bimonthly two pages each,  January 2008 to present.  Good ethics, clearly written contracts, open communication, and complying with requirements will minimize design/construction litigation.  Masonry requirements are cited including the applicable building code and manufacturer’s instructions.  Causes of masonry lawsuits are discussed including inadequate: drainage, foundations, stairways, ramps, basements, fences, free standing walls, retaining walls, weather barrier, flashing, arches, lintels, ties, weeps, joints; siding: ties, weep holes, joints, etc.  Expert witness case summaries are included for each topic.

“Pedestrian Casualties in Parking Facilities”, 14 pages, publication pending. Thousands of non-vehicular pedestrian injuries occur annually in the nation’s parking facilities, causing some deaths and some costly litigation.  The adopted building code in most of this nation requires owners to bring structures affecting safety to current code including parking facilities.  Causes of these casualties include code violations in at least 15 subjects including: prohibited : wheelstops, speedbumps, raised pavement makings, and other elevation changes; excessive pavement slopes; missing accessible spaces and aisles; insecure surfaces; non-complying: slip resistance, striping, and ramp slopes; missing ramp edge protection, and non-complying: stairs, handrails, guardrails, and illumination.  Code requirements are cited and expert witness examples are illustrated for each of these subjects from several of the United States.  Forensic engineering advocacy is discussed and recommendations are made for owners and for code enforcement. 

“Children Falling Through Windows/Guardrails”, Journal of the National Academy of Forensic engineers (NAFE), 18 pages, December 2008.  More than 1000 children are killed and more than 6000 children are injured by falls through windows and guardrails each year in the United States. Beginning in 2006, the International Codes (now adopted into law in at least part of each of the 50 United States) require 4” maximum window gaps within 24” of floor, and since the 1990s the codes have required 4” maximum guardrail gaps. Implementation of these codes on many existing structures is required (not grandfathered), but is generally not enforced which would prevent a high percentage of these tragedies. Relevant history, grandfathering, and forensic engineering advocacy are discussed, expert witness case examples are presented, and recommendations are made for enforcement and code changes.

“Causes of Mold in Buildings”, Journal of the NAFE, Hawthorne NY, 36 pages, June 2006. Mold, including rot, in buildings can be a severe health and safety hazard. But testing for and treating the mold is only addressing the symptom and is usually unnecessary.  If the cause of mold, moisture, is not resolved, the mold will likely return.  Causes of mold (moisture sources) include deficiencies in at least 16 subjects: floodplain management, stormwater management, floor elevations, drainage slopes, basement drainage, ground clearance, vapor barriers, foundations, plumbing, roofs, fenestration (windows, etc.), siding, ventilation, air conditioning, insulation, and exterior structures.  The good news is that complying with established requirements for existing or new construction will minimize or prevent moisture that is essential to mold growth. For each of these subjects, many of these requirements are cited with expert witness examples from several of the United States. This paper concludes with outcomes and recommendations.

"Forensic Engineering Investigations of Guards, Handrails, and Stairs", Journal of the NAFE, 17 pages, June 2004.  There are more accidental deaths from falls in the United States than from fire, drowning, and air travel combined. The following summarizes forensic engineering investigations (in several of the United States) of guards, handrails, and stairs, most following falls resulting in injury or death. The fundamental issue is whether the guards, handrails, and stairs complied with the applicable building code. Liability, advocacy, and unsafe structure requirements are discussed. Many example cases are cited involving code noncompliance including:  Guards: omissions, strength, gaps, height, and ladder effect; Handrails: omission, height, grip, length, strength, returns, and continuity; Stairs: omission, obstructions, strength, riser height, tread length, uniformity, tread slope, riser gap, and lighting. Case outcomes are discussed and recommendations made.

“Causes of Lawsuits in Masonry Construction”, Structural Engineer, Alpharetta GA, 4 pages, February 2003.  Causes of lawsuits in masonry construction include the following (in descending order of occurrence): Inadequate drainage; inadequate foundations; inadequate headers; wood supporting masonry; and masonry deficiencies such as inadequate flashing, arches, ties, weep holes, mortar, expansion joints, slope, alignment, and brick.  Surprisingly, most masonry distress usually is not related to the masonry itself, but results from inadequate drainage, inadequate foundations, or a combination of both leading to millions of dollars annually in damage to masonry construction.  Applicable codes are cited, and expert witness case examples are summarized.

“Conventional Wisdoms in Building Construction That Cause Lawsuits”, Journal of the NAFE, 17 pages, June 2002.   Often heard but invalid beliefs cause excessive and unnecessary costs, human hazards, and many lawsuits including scores of the author’s expert witness cases which are summarized.  These false “Conventional Wisdoms” include: “There is no foundation problem because the slab is nearly level”, “Solve the wet/cracked basement from inside”, “Drainage appears okay”, “Haul in more fill to solve drainage problem”, “The structure is ok because there are no cracks,  “There are no problems because it complies with the building code in effect when it was built.”,  “The structure is ok because it is factory built.”, “There are no problems because it is new.”, and “There are no problems because it has withstood the test of time.”

“Disclosure in Real Estate Sales: Forensic Engineering Experience” Journal of the NAFE, 5 pages,  December 2000.  Disclosure of defects by sellers of real estate and disclosure of qualifications by home inspectors is important consumer law in several of the United States. When these disclosures are ignored or incomplete, sellers, buyers, and inspectors can suffer large losses. This is demonstrated in a recent forensic engineering case. Realtors need to educate sellers and buyers on disclosure requirements, should not recommend nor regulate inspectors because of conflict of interest, but should recommend hiring qualified state licensed Professional Engineers.

“Worker Dies After Stacked Shingles Slide Off Roof”, Journal of the NAFE, 5 pages, December 1995. Failure of a wood 2x4 “nailer” to hold back bundles of wood shingles stacked on a roof resulted in the death of a construction worker.  A forensic engineering analysis and deposition by the author resulted in a large payment to survivors of the worker.  Because temporary construction practices such as the nailer can be lethal, codes and manufacturer’s instructions need to be tightened and training of workers and inspectors improved.

“The Forensic Engineer in Resolving Realty Disputes”, Journal of the NAFE, 18 pages, Dec.1995. Expert witness service is increasingly provided by the “realty engineer” who has long inspected and engineered land and buildings for purchasers, owners, developers, and builders.  For example, the 50% average annual growth in expert witness cases by Realty Engineering, Inc. is due to qualifications and method.  The method is based on an ethical foundation and produces a report which has a primary purpose of aiding the parties in reaching a just settlement.  The reports include a matrix of: problems found, legal requirements, analysis, recommendations, and cost estimate.  An example report is appended addressing deficiencies in drainage, retaining walls, stairway, roof structure, ventilation, etc.

11 December 2009

“Pedestrian Casualties in Parking Facilities,” 14 pages, publication pending.  

“Minimizing Masonry Litigation” Masonry Design, Lionheart Publishing, Inc., Marietta GA, bi-monthly articles, 2 pages each, including: “Avoiding Lawsuits”, “Drainage”, “Foundations”, “Stairways/Ramps”, “Basements”, “Fences/Walls”, “No Grandfathering”, “Barriers/Flashing”, “Ties, Weeps, and Joints”, January 2008 to present.  

“Children Falling Through Windows and Guardrails” Journal of the National Academy of Forensic Engineers, 18 pages, December 2008.   

“Causes of Mold in Buildings”, Journal of the NAFE, 36 pages, June 2006.  

"Forensic Engineering Investigations of Guards, Handrails, and Stairs", Journal of the NAFE, 17 pages, June 2004.  

“Causes of Lawsuits in Masonry Construction”, Structural Engineer, Alpharetta GA, 4 pages, February 2003.  

“Conventional Wisdoms in Building Construction That Cause Lawsuits”, Journal of the NAFE, 15 pages, June 2002.  

“Brick Design” (with others), Structural Engineer, Alpharetta GA, 6 pages, December 2001.  

“Disclosure in Real Estate Sales: Forensic Engineering Experience” Journal of the NAFE, 5 pages, December 2000.  

“Building Enforcement” (with others), Structural Engineer, Alpharetta GA, 6 pages,  August 2000.  

“Worker Dies After Stacked Shingles Slide Off Roof: A Forensic Engineering Analysis”, Journal of the NAFE, 5 pages,   December 1995.  

“The Forensic Engineer in Resolving Realty Disputes”, Journal of the NAFE, 18 pages, December 1995.  

“Foreword” to Waterfront Planning and Development, American Society of Civil Engineers, Reston VA, 1 page, 1986.  

A Confederate Soldier and His Descendants, Library of Congress #82-80915,  Washington DC, 256 pages, 1982.  

“Integration of Air Quality and Transportation Planning” Transportation and the 1977 Clean Air Act Amendments, American Society of Civil Engineers, Reston VA, 20 pages, 1980.  

“Public Affairs Primer: The Why’s & How’s of Getting Involved” (with others), Civil Engineering, American Society of Civil Engineers, Reston VA, 11 pages, September 1978.  

“Land Use Consequences of Transportation”, The Real Estate Appraiser, Society of Real Estate Appraisers, Chicago IL. 8 pages,  1977.  

“The Role of Environmental Impact Statements in Local Government Decision Making”, The Urban Lawyer, American Bar Association, Kansas City MO, 21 pages,  1974.  

A Policy on Design of Urban Highways and Arterial Streets (with others), American Association of State Highway and Transportation Officials, 740 pages, Washington DC, 1973.