Swimming pool construction defects expert witness Paolo (Paul) Benedetti specializes in vanishing edge, infinity edge, disappearing edge, negative edge, knife edge, slot overflow, flooded deck, perimeter overflow, hillside, waterfront and traditional swimming pool designs. With almost 20 years of experience in the field of swimming pools, he has built or consulted on some of the worlds most complex swimming pools.
Generalist
While many "experts" have a singular specialty (e.g. structural, soils, hydraulics, materials, etc.), swimming pool construction defect cases require someone to function as the general practitioner. Since the construction of a swimming pool requires the skills and knowledge of a soils engineer, structural engineer, surveyor, excavator, carpenter, plumber, electrician, reinforcing steel installer, shotcrete crew, masons, tile setters, concrete finishers, inspector and project foreman, retaining a specialist at the beginning of a construction defect case is too myopic.
The generalist needs to have a sufficient background in ALL facets of swimming pool construction, in order to identify the issues and defects. Once the individual issues have been identified, depending on the severity of a particular issue, a specialist may then be warranted.
This is much like seeking medical attention. The highly educated general medicine doctor inspects the patient and refers them to a specialist if required. This approach saves the patients' resources and does not attempt to shoehorn the services of a specialist into a projects issues.
Identify the Issues
Oftentimes, the property owner initiates a dispute with a contractor due to an overt defect. This defect is so egregious that it stands out to a layperson - obvious common sense dictates that there is a problem.
However, what the owners report as their concern, may not be the real issue. Underlying construction defects or shortcuts may be causing subsequent damages.
Therefore, the first step in a construction defect case, is to have the project inspected and the issues identified. In addition to construction defects, the adherence to published trade standards and practices should be inspected. This is commonly referred to as the "workmanship." Almost every trade has a national association that has published the minimum acceptable workmanship standards. Some of these workmanship standards have actually been adopted (or are referenced) in building codes.
Non-Invasive and Destructive Testing
Not every single issue can be identified from a mere visual inspection. Concrete thicknesses, placement and spacing of the steel reinforcement and buried or concealed plumbing and electrical conduits are not exposed for visual verification.
If the owners do not have thousands of construction images documenting the concealed elements of the project, then testing may be required. Testing may be non-invasive or destructive.
Non-invasive testing involves processes that do not cause damages to the project. They include side-radar scanning, fiber optic cameras, rebar scanning and hydraulic testing.
Destructive testing involves the physical removal of materials for laboratory testing or to expose underlying objects for visual inspection, testing or sampling. This is usually reserved for worst case scenarios involving blatant construction defects and negligence.
Following the issuance of the initial inspection report, the opposing
party may perform their own inspection or request permission to perform
destructive testing. Each side is allowed to perform duplicate tests of
their own... so ease up and go with the flow.
Litigation
Most construction defect cases never reach a courtroom. Most are settled through arbitration or mediation. When faced with a detailed report and images that outline the various deviations from accepted trade standards, practices, building codes, plans, specifications and contractual agreements, most cases settle.
In the worst cases, when insurances will not cover the repair or replacement of the defective construction, or when multiple parties and sub-contractors are to blame, litigation may result.
In these instances, most cases settle after the deposition phase. The involved parties testimony about their involvement and level of blame is ascertained. Testimony, documents, receipts and invoices outline exactly who is responsible for what defects. Most insurance companies usually settle at this point, as their potential financial exposure at trial is too severe.
State Licensing Board
While most State Contractor's Licensing Boards will provide a property owner with a "state supplied expert," the extent of the report will be limited to those issues the property owner has identified. The State Expert is not authorized to explore additional issues, perform testing or address sub-contractor responsibilities.
It is usually in the best interest of the property owner to have their own inspection report "in hand" prior to filing a complaint with a government agency. An independent report will outline all of the apparent defects, not just those the property owner is aware of.
Additionally, an independent report may identify sub-contractors as being partially responsible, thereby offering an another path to recovery.
State Licensing Boards can investigate complaints of poor workmanship and have the power to order a contractor to repair defects. But if your project got to the point where you kicked the contractor off of the job, and you filed a complaint... do you really want them performing any repairs???
Some State Licensing Boards do offer the contractor the choice of paying for the damages, but this does not reimburse the property owner for loss of value, loss of use or punitive damages.
State Licensing Boards can assist property owners in enforcing judgements resulting from mediation, arbitration or court hearings. When presented with certified documents, the State Licensing Board will order the contractor to pay the settlement. Failure to pay any judgement will result in the revocation of their contractors license.
Fees
Most expert witnesses charge a flat day or hourly rate. Travel expenses are usually additional. An initial site visit, review of construction documents and contracts, and written inspection report are usually provided for a fixed price, depending on the travel requirements.
Published fee schedules outline the expert witnesses associated fees and expenses, most of which are recoverable should you prevail.
Tell it like it is!
An expert witness should also be objective. They will tell you if your expectations were unreasonable and if you are demanding too much perfection from your contractor.
You have to be willing to hear it like it is. Some property owner's complaints are not actually defects. If the contractor did nothing wrong, then you will be told so. If the work is within acceptable trade standards, then that will be explained.
Sometimes hearing an independent third-party explain how or why something is occurring is sufficient to placate a property owner. Prior personality differences oftentimes prevented the parties from actually listening to each other.
