Swimming Pool Expert Witness & Designer Ground Movement

The Importance of a Soils Report and Soils Engineer

Few, if any swimming pool designers or contractors are trained geologists or soils engineers.  And none are doing their clients any favors by not including a soils expert on a project team.  

Why is this so important, you ask?  Buildings rest UPON the soils, wherein a swimming pool is built entirely WITHIN the soils.   Pools are even more dependent upon the soils than a building built upon the surface.  Yet a soils report is always commissioned to assist the structural engineer in designing a building's foundation.

Soils are one of the largest loads upon a swimming pool.  Depending upon the pools' design, loads may also occur from snow, wind, surf, slopes and seismic events.

The International Building Code (IBC) requires that ALL structures be engineered to withstand the anticipated loads that may be placed upon them.  A swimming pool is a STRUCTURE, therefore it must comply with the code.  A version of the IBC has been adopted by every state in the US (the year of edition varies by state), so it applies to every pool built within our borders.  California and Florida have adopted codes that are even more stringent than the basic IBC. 

But those codes are not enforced in my region...  you say.
You're right, building code enforcement across the country is spotty.  In the likely event of structural issues or a personal injury, the codes will be applied and compared to what was actually constructed.  And if the builder deviated from those codes, they will be held financially liable for the repairs.

Incompetent soils that do not support a pool or expansive clay soils that lift or stress a pool are the most common soil defects. 
Mitigating soil conditions UNDER an existing pool are virtually impossible. 

In an attempt to be cost competitive, many pool builders omit the inclusion of a soils expert in their projects.  Some even omit engineered plans from their projects.  In the event of settlement, heave or pool cracking the pool builder is liable for these conditions.

Had these events occurred and they included these experts and followed their recommendations, then the liability would be upon those experts.



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

Construction defect expert witness swimming pool spa

In-ground swimming pool expert witness Paolo Benedetti - How a construction defect expert can keep you out of court.

Avoid Litigation

An expert should have as their primary purpose - honest representation of the facts and settling the dispute without litigation.

Face it, no one wants to litigate the facts of a dispute and leave the decision to an uninvolved third party (mediator, arbitrator, judge or jury).

Just the Facts 

If the facts are clearly stated along with the supporting code or industry standard, then the parties are likely going to settle.  A defendant would be foolish to litigate a case and exposed themself to punitive damages when construction defects are clearly detailed.

Most cases are settled out of court once the damages are agreed upon.  Once the responsibility for the defects has been assigned, then the expert must determine the repair or replacement cost.

Determining the Costs of Repair  

Sometimes determining the costs of repairs is relatively straight forward.  But on complex cases where the entire project must be removed and an entirely new project must be built, determining the exact costs is based upon the experts experience.

Why can't exact costs be determined?  The specifications for the replacement project have not been defined.

If the original project was not built to code and was devoid of soils reports, proper engineering and code compliance, then these will need to be incorporated into the new project.

To determine a repair or re-constructon budget the expert will use their experience to estimate the cost of correctly building a like project.  

The plaintiff may even be liable for a more expensive replacement & modified project.  Why?  The new project may differ because it will now include code compliant construction, materials and details that were originally omitted or are now required.

How can the plaintiff be liable for meeting new codes and standards?  If the plaintiff hadn't initially created a defective project, then the project would not be subject to reconstruction... and therefore not subject to the current codes and laws. 

Hire an expert witness who will assist you on staying out of court! 

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