Vanishing Edge Pool Expert Witness Consultant

Your dream pool has been completed... but it does not work properly.  Water is spilling down the hillside, not all of the edges are wet, or the pool gets cloudy each time the edge system turns on.  

It is turning into a nightmare.  The pool builder is unresponsive or unable to correct the problems. You are at your wits end.

Reality is setting in...

Lets face it, the reality is that you probably hired the wrong builder for your project.  They either lack the required knowledge, skill sets or ability to build a properly operating water in transit design.  

There are many possible things that can go wrong with infinity edge or overflow pools.  If being someones learning curve is not for you, then investigate their credentials.  Do not select your contractor based upon the lowest bid - that is the wrong mentality for these complex pools.

The lowest bidder is working on the lowest profit margins.  That means that there is little or no extra money to resolve errors in their construction practices or design.  You will be forced to finance any repairs yourself.  

This will oftentimes result in a lawsuit, lawyers and a financial drain (you'll have to finance the lawsuit out of your pocket).  Not to mention the stress and anguish.

Expert Witness

Don't be shocked by the fees charged by an expert to come out and inspect your project.  Experts are just that.  Persons with a significant level of expertise, experience, training and education.  Usually decades of experience designing and building complex aquatic facilities.

You are not an expert.  That's why you hired someone else to build your pool in the first place.  Though you may have identified the most serious defects, you most certainly have not located all of them.  You can be confident that if a property owner is aware of some mistakes, that an expert will locate many more violations.

Embarrassment

Now is the time to put your shame and embarrassment aside.  It is time to bite the bullet and get to the heart of the mistakes.  Do not make the same mistake hiring a cheap or inexpensive "expert."

Remember the adage - "You get what you pay for."  ?


Paolo Benedetti, SWD
Aquatic Artist, Watershape Consultant, Expert Witness, International Construction Management
Contact the author at: info@aquatictechnology.com or 408-776-8220
"Creating water as art."™
Aquatic Technology Pool and Spa©
©www.aquatictechnology.com
All rights reserved.

Phoenix Swimming Pool Expert Witness Aquatic Consultant Watershape designer

Now what?

You just had your dream pool built to beat the Scottsdale heat.  But, things just don't seem to be working properly since the pool was finished.

The swimming pool builder is unresponsive to your concerns.  The equipment is noisy, the pool seems to be losing a lot of water, efflorescence is bleeding out of retaining walls, stone and tile work and the decks are cracking all over.

State Licensing Board Experts

State contractor's licensing boards will provide experts to evaluate workmanship complaints.  However, the state provided experts are usually medium to lower quality contractors, who are seeking extra money or are in retirement.

These "experts" are usually not up to date on the latest codes, industry standards and construction technology.


Limited Scope of Investigation

In fact, most state laws forbid the state provided expert from "discovering" additional defects in a project.  They are only allowed to report findings on issues in the original complaint.  

Unless the property owner is already an industry or construction expert, many flaws and defects will go undisclosed and unresolved.

How to Protect Yourself

By hiring your own independent expert to evaluate your project for defects in materials and workmanship, there are no limitations on the investigation.

Anything and everything is subject to inspection.  Hidden defects that the property owner was not even aware of, may come to light.  Substandard practices and shortcuts will be uncovered.

Fully Armed

Armed with a complete evaluation of their project, a property owner can make a complaint to the state license agency.

The state agency will have all of the information they need to proceed.  In fact, a lot of their leg work has been done for them.

If warranted, the state agency may send out their own expert to validate the findings of the property owner's hired expert.  And the state expert can now provide an opinion on defects that were previously unknown by the property owner.

The state agency is now armed with TWO complete independent evaluations of the project.  

Now, the offending contractors and sub-contractors have some explaining to do...

Paolo Benedetti, SWD Aquatic Artist, Watershape Consultant, Expert Witness, International Construction Management 
"Creating water as art."™
 Contact the author at: info@aquatictechnology.com or 408-776-8220  
Aquatic Technology Pool and Spa© ©www.aquatictechnology.com 
All rights reserved.

Benefits of Hiring a Swimming Pool Expert Witness

 Benefits of Hiring a Swimming Pool Expert Witness

A credible swimming pool expert witness can reinforce and support a case, resulting in a positive outcome for the client.  However, do not expect the Swimming Pool Expert Witness to "twist the truth" to support your case.  They are ethically and legally bound to tell the truth, based upon the facts of the case.

Swimming Pool Expert Witnesses can testify in matters involving:

• Swimming Pool Design Standards
• Construction Defects
• Hydraulic Design, Line Velocities, Flowrates
• Suction Entrapment
• Evisceration
• Hair, Clothing Entanglement
• Acceptable Industry Workmanship and Standards
• Admonishments, Instructions and Warnings
• Equipment Failures and Fires
• Plumbing Leaks and Flooding
• Water Chemistry Management
• Health and Safety Standards, Inspections
• Drowning Prevention Measures, Gates and Fences
• Swimming Pool Alarms
• Waterpark Standards
• Staff & Lifeguard Training & Record Keeping
• Standards of Care
• Diving Accidents and Reconstruction
• Indoor Pool Air Quality
• Filter Tank Separation
• Equipment Maintenance, Operation and Testing
• Electrocution and Electrical Safety
• Bonding and Grounding
• Ground Fault Circuit Interrupters (GFI/GFCI)
• International Building Code
• International Mechanical Code
• International Residential Code
• International Swimming Pool and Spa Code
• International Plumbing Code
• International Fire Code
• ANSI / NSPI Standards
• ANSI / APSP Standards
• Virginia Graeme-Baker Safety Act (VGB / VGBSA)
• State Building Codes
• Published Industry and Trade Standards 
• Standards of Care

Paolo Benedetti, SWD Aquatic Artist, Watershape Consultant, Expert Witness, International Construction Management 
Contact the author at: info@aquatictechnology.com or 408-776-8220 "Creating water as art."™ 
Aquatic Technology Pool and Spa© ©www.aquatictechnology.com 
All rights reserved.

Expert Witness evaluation of swimming pool construction project

An expert witness evaluation of a troubled construction project entails many steps...

What was promised...

A review of all of the written communications between the contractor and owner is the first step.  Verbal promises are a debate that will rage for eons and don't hold much water.

The expert will want to review:
bids
proposals
contracts
change orders
emails
contractor conceptual drawings and plans
structural engineering
project specifications
images taken during construction
owner punchlist and builder responses
permits
inspection correction notices

What was delivered...

Next the expert will want to perform a site inspection.  They will evaluate the project, comparing the finished project to the contract, engineering and plans and to industry workmanship standards.

This stage can take anywhere from a few hours to weeks.  Sometimes previously undisclosed items are discovered.  On other occasions, a specialized expert is called in to evaluate specific issues.  These can be geologists, electrical engineers or structural engineers.  If the quality of the construction materials is in question, a testing laboratory might remove samples for analysis.

Written Evaluation

The written evaluation will outline the issues, possible causes, the standard or code that was to be met and suggestions for remediation.

While some issues are easily remedied, some required extensive structural repairs.  When the cost of repair exceeds or approaches the cost of removal and replacement, most judicial bodies will opt for the reconstruction of the entire project.

Expert's Responsibility

The expert's responsibility is not to the person paying the bills - it is to revealing the truth.  The facts are the facts and the cards fall where they may.  It is merely the expert's job to report their findings, whether positive or negative for their client.  

You can't twist the truth - unless you're a politician!

Paolo Benedetti 
Aquatic Artist, Watershape Consultant, Expert Witness 
"Creating water as art."™ 
Aquatic Technology Pool and Spa 
©www.aquatictechnology.com

Swimming Pool Designs must be ADA Compliant

Expert Witness - Swimming Pool & Spa, Americans with Disabilities Act

The ADA requires that swimming pools be designed to allow a person with disabilities to enter and exit the swimming pool or spa, on their own and without the assistance of others.

This is easily achieved through the installation of a lift.  Lifts are electric, hydraulic or battery powered.  They must be in place and available for use at all times.  They are UGLY and can potentially become an obstruction on the pool deck, in violation of other portions of the ADA.

The alternative is an innovative design, that allows the person with disabilities to walk or roll right into the water.  It is a ramp or beach entry, that gently slopes into the water.  This is aesthetically pleasing and a creative solution to the hideous deck mounted chair or sling lifts.

 
Paolo Benedetti 
Aquatic Artist, Watershape Consultant, Expert Witness 
"Creating water as art."™ 
Aquatic Technology Pool and Spa 
©www.aquatictechnology.com

Pool consultant, waterpark consulting, expert witness

Swimming Pool Designer, Watershape Consulting,  Construction Expert Witness

Experience has Value

Not everyone can build one of these complex pools.  On many expansive estate development projects, the general contractor insists on controlling everything on the site. 
While they  are entitled to earn a living managing the overall project, certain specialty trades are best left to those with decades of experience.  A general contractor is a generalist - much like a family practitioner doctor.  But construction, like medicine, contains many specialties.  If you were sick, wouldn't you insist on the best specialist available?
So why leave the construction of a $250,000 - $5,000,000 swimming pool or water park to a general practitioner???
Specialized Training
 
Swimming Pool contractors, designers and consultants who specialize in complex infinity edge or hillside pools should have countless hours of training in geology, engineering (though they are not structural engineers), hydraulics, waterproofing, architectural and landscape design and construction methodologies.
Their decades of experience on various prior projects oftentimes involved a team of experts.  Soils engineers, structural engineers, world-class architects, landscape designers and interior designers often collaborate on complex projects.
The experiences gleaned from being a member of these world-class design teams, can oftentimes save a property owner tens of thousands of dollars.
Case Study:

The soils report on a recent project specified drilled caissons and a mat slab or grade beam foundation for the swimming pool, due to an overlaying layer of expansive clay soils.  The structural engineer was already in the process of designing an expensive foundation system, when I was retained to consult on the project.
Upon reviewing the soils report, I noted that the clay soils were only 4-6 feet deep.  Seeing that the pool varied in depth from 4-9 feet in depth, there was a good chance that most of the clay soil would be removed from the pool area merely through the process of excavating the swimming pool.
I raised this point and suggested that the complex and expensive foundation be abandoned.  Instead I suggested that any deeper pockets of clay soils be over excavated and back filled with a suitable material. It would be less expensive to over excavate the pool & to build it with vertical free-standing walls.  The areas around the completed pool could be back filled with other suitable excavation spoils from around the site.
The soils and structural said, "Ah, ha" when the lights suddenly went on.  Though I am not trained in either of their specialties, I have the experiences to draw upon.  Those experiences saved the client $50-60,000 - 10X my initial consulting fee!
Another Case Study:
 
On a hillside project, the top 4-5 feet of the site was overlaid with organic material and lose soils that could not support a pool.  The existing pool was cracked in 5-6 places and was rotating out of level.  A geotechnical investigation revealed that this top layer of material was actually sliding down the hillside.
The soils engineer and structural engineer both initially recommended a drilled caissons and gradebeam foundation.  Having worked on prior projects with similar conditions, I suggested that they explore a deepened step foundation.  Again, the hillside could be over excavated, removing all of the incompetent material.
The hillside would then be "benched," like a series of large steps, though with a slight backwards slant.  The downhill wall of the pool would be constructed on a trenched foundation.  The void behind the wall would be filled with an engineered fill, consisting of a cement slurry.  This engineered fill would have a bearing capacity over 100,000 times the minimum required to support the pool.  The installation of the slurry would be faster and less expensive than importing and compacting soil in 2-4 inch lifts.
Again, the client would have realized a savings of $60-80,000 on the foundation design alone!
Experience has Value
 
This prior experience can only benefit the client.  It brings a sense of reason to the engineers, balanced by the logic of the "person who has to build it."  Efficiency and economy are not sacrificed for quality.  Rather, unexplored viable options are presented that serve the project needs and benefit the client's budget.
The Long Haul
 
Yes, though I work on a "cost plus" basis, saving the client money means that I make less profit on a job.  However, this newly found money might allow the client to upgrade the finish materials or include design elements that were previously deleted from the project.
Being able to demonstrate to a client that I am willing to forgo a quick profit, to gain their long term trust, is what it my business all about.  Oftentimes as a result, I find that they will broaden my scope of work, refer me to their friends and include me in future projects.
Now, that's really the BIG PICTURE!

Paolo Benedetti 
Aquatic Artist, Watershape Consultant, Expert Witness 
"Creating water as art."™ 
Aquatic Technology Pool and Spa 
©www.aquatictechnology.com

Forensic group of experts really seeking a pool resolution?

Is your group of forensic experts really seeking a resolution to your swimming pool or spa related case?

Thoroughness

When hired to perform a complete analysis and investigation of a project, the forensic expert needs to be thorough.

The investigation will begin with a thorough review of all of the construction documentation (e.g. contracts, images, video, engineering, receipts, laboratory testing, inspectors evaluations, etc.).  These can reveal what was supposed to occur and oftentimes what was actually was built.

Applicable Codes, Industry Standards and Workmanship Guidelines 

Next a review of the codes that were adopted by the local & state governments at the time the permit was applied for, are gathered and compared to the project specifications and execution.

The finished work product is compared against the published industry standards and workmanship guidelines.  Each sub-trade, from concrete to finish masonry has their own set of standards for minimum acceptable workmanship.

Finally, the manufacturer's installation instructions are compared to the actual installation & application.

Deviations

Anything that is located in the finished project's workmanship or practices that deviates from any of the above is identified.  The relevant code or standard that was violated is cited along with the deviation.

Some deviations may be minor and can easily be corrected by the contractor.  Others may be so egregious that they warrant further exploration or analysis.  The worst, may simply be so severe that testing is merely performed to document the severity of the violation.

Prompt Resolution

A thorough and detailed report should identify all of the evident violations and the standards that were violated.  

Faced with such a well organized report that clearly outlines the violations, most contractors are willing to reach an immediate resolution.  It is virtually impossible to refute clear violations of the building codes and trade standards.

Isn't this what you were after in the first place - clear and concise proof of errors and violations, so that you can reach a prompt resolution to your swimming pool issues?

Be careful with "expert witness referral" websites, they are all about billable hours.  Inquire if they can get you to this report stage for a "guaranteed flat rate" or a "not to exceed cost."  You'll find that most are unwilling to provide such a guarantee.


Paolo Benedetti 
Aquatic Artist, Designer, Construction Consultant & Expert Witness 
Aquatic Technology Pool and Spa 
"Creating water as art."™ 
©www.aquatictechnology.com

Selecting a Swimming Pool Expert Witness

Swimming pool expert witness selection should be by Juris Prudence, HG TV, Juris Pro or Referral Experts.

Pay a Premium

Do not leave it to chance... websites that promote expert witnesses charge a premium for their services.  The "expert" either pays to be listed on their website or the referral firm performs the billings for the expert and adds on a premium.

Either way, the referral firm has a set of non-negotiable terms.  If the case will be protracted, the expert on standby or a back-up expert, you will pay full price plus their included premium.

Deal Direct

Contacting an Expert Witness directly allows you to fetter out the "wanna be's" from the "I am's."  You are not stuck with an expert the referral firm trying to push onto you.

Having direct contact with the expert, allows the both of you to adjust the terms of a consulting agreement to fit your needs.

Qualified experts are rare...  good ones that are willing to speak with you are even harder to find.

1-408-776-8220
paolob@aquatictechnology.com

Paolo Benedetti 
Aquatic Artist, Consultant & Construction Defect Expert Witness 
"Creating water as art."™ 
Aquatic Technology Pool and Spa 
©www.aquatictechnology.com

Expert Witness Swimming Pool Spa Construction Defect Litigation Mediation

Swimming pool and spa expert witnesses always need to be looking out for the client's best interest!

Always "ON"

An expert witness needs to always "be on."  They must be smart when gathering information for a client or a case study.  

If they are posting questions in an on-line OPEN FORUM (that appears in internet search results), they can potentially compromise their integrity as an expert witness.  If the client's situation ever results in legal proceedings (litigation, lawsuit, arbitration, contractor's licensing board), their credibility may be called into question.  An attorney will have a field day with that! 

If the expert doesn't know something, for goodness sake don't broadcast it around the globe.  Worse yet, don't rely upon the free opinions of any fool with a computer.

Don't be afraid to ask for help

No matter what credentials an expert witness has, a court will not put much faith in an "expert" that solicits data, information or opinions in public forums.  If something is beyond an expert's scope & personal knowledge, then they must be willing to admit that.  The client should always be prepared to hire another more qualified "expert" to assist.  Frequently, facets of a case study become so focuses, that specialized disciplines are required.

I hire geologists, testing labs, structural & mechanical engineers, materials scientists, etc, to assist on cases all the time.  Clients are told in advance, that the assistance of additional experts may be required as the facts are revealed.

Private Communications

Care must be exercised when gathering opinions, scientific data and research materials.  The specific identifiers of the client, case or location should be avoided.  Telephone calls, private messages & direct emails should be used, instead of "open public forums," blogs, groups or websites.

Legal Strategy

At the point of initial contact, the expert witness must ascertain if the client is involved in a potential legal situation (or that may develop into one in the future).  If litigation may result, the expert witness is best off hired by the client's attorney and NOT DIRECTLY by the client. 

This has important legal consequences!  When under the attorney's employment, any work the expert does under the direction of the attorney, becomes "the attorney's work product." 

The attorney's work product IS NOT SUBJECT to discovery.  The client may not want to disclose some or any of the expert witnesses' findings.  The attorney won't have to reveal the experts findings - if the findings are not in the clients' best interest.

Internet postings & discussions are in the "public domain" and can come back to haunt the expert, because they NEVER go away. 

Paolo Benedetti - Aquatic Artist, Consultant & Construction Defect Expert Witness 
"Creating water as art."™ 
Aquatic Technology Pool and Spa 
©www.aquatictechnology.com

Expert Witness, Defective Swimming Pool Tile & Inferior Installation Practices

Swimming Pool Expert Witness Paolo Benedetti discusses defective tile installations.

Have you recently had your swimming pool or spa tiled with what was promised was to be a high quality glass tile...  only to find that the tile began cracking or coming lose from the pool walls in a few short months??


A Real Value?
The salesman talked a good game... he ranted about the crazy mark-ups everyone places on the glass tile.  They import their own "high quality glass tile" from China and pass the savings onto you.


They have streamlined their installation procedures to reduce the costs to you.  In fact they have the process down to just 2 weeks.


How do they do it?
First, they do not strip the existing plaster from the pool.  Plaster is not level or waterproof... but they don't care.
Secondly, they eliminate the leveling bed that guarantees that the tile will sit flat and the grout lines true.
Thirdly, they fore go any waterproofing membrane.
Finally, their unskilled crews of undocumented laborers thinset the glass tiles directly to the worn plaster surface.


Workmanship
The workmanship violates many published industry trade standards and practices.  That's how they save you money.


No concern is given to aligning grout joints.  Cut pieces are placed haphazardly throughout the project. And because the plaster is uneven, the finished surfaces are wavy and undulating.


Inferior Tile
That bargain glass tile from China... is worthless.


It has not been subject to any independent materials testing lab to validate it's compliance with any tile industry standard.  It is clearly evident, because the installation instructions state that thinsetting the tiles directly over concrete is acceptable (in broken and misspelled English!).


Finished Product
Though the finished product may look impressive, it will not last long.  As the underlying plaster decays and degrades, so does the foundation for your tile.


When the plaster begins to loosen and delaminate, it will take the tiles with it.

You got what you paid for... now get what your deserved!

Expert Witness
Paolo Benedetti is an expert in the installation of swimming pool glass tile mosaics.  His extensive knowledge of the material science of glass and the various trade and workmanship standards, makes him the lone glass tile expert witness in the swimming pool industry.

Expert Witness - Swimming Pool Construction Defects

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.