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

Epic Pools Swimming Pool Designs Designer World Famous and Award Winning

A project is only good as it's design... Epic Pools design failures.

Everything and the kitchen sink...

Seriously evaluate the swimming pools that you see on TV or in the media.  Almost every one is an epic pool design failure.  No thought is made to any details, the architecture or integrating the swimming pool environment into the site.

Recent media coverage featured a number of large scale pools that were absolutely hideous in their design and execution.  The details were carried out with home improvement warehouse products.  Stainless steel handrails, round plastic deck drains, features stuffed everywhere... just because the owners could afford it.

Worthless fire features.... nothing more that torches in bowls.  Placed in areas where people could not gather or sit around the heat to socialize.

Just because a client want's to replicate Las Vegas... pirate ships, volcanoes, bridges, swinging ropes and geyser fountains does not mean that it is RIGHT.

These elements can be included in projects tastefully.  But that key work is often ignored.... "tastefully."

Money does not buy Class

Just because someone can afford to include everything on a project, does not mean that it is "right."  Most people who design swimming pools are not designers.  Most are contractors or salesmen who bundle off the shelf or catalog products into a mish-mash of a backyard.  They are not looking out for the client's best interest.. they are looking out for their own pocketbooks!

Clients that express a desire to incorporate features that may not exactly fit the architecture, can be accommodated.  This is where the talent of a true designer comes into play.  Hanging a plasma screen tv into a project is easy - concealing it, when it is not in use takes some talent.

Building a slide or swing rope are easy, but to incorporate them so that they are not detracting from the project when not, in use takes design talent.

I'm not saying that projects cannot be fun and include lots of things to keep the kids busy... the designer just needs to take the time to design them into the project.   Any nit-wit can slap things on the pool deck or around the pool.. and that's exactly what it will look like.... a pile of rocks on a flat yard, unusable fire features ridiculous water falls.

Remember - you're going to be looking at the pool a lot more than you're going to be swimming in it.  And soon, the kids will be grown and you'll be stuck with that monstrosity in the back yard.  

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

Expert Swimming Pool and Spa Advice from International Designer

The causes of most construction defects are directly attributed to one of 2 causes - failure to follow instructions, plans or project specifications and/or the lack of qualified supervision.
 
Failure to Follow Instructions

Most defects in construction projects are directly attributed to someone not taking the time to READ instructions.  Whether they be the product usage insert, manufacturer's installation manual or the engineer's plans and notes... failing to take the time to read AND understand the instructions results in errors.

Sometimes these errors can be huge - incorrect strength or diameter of steel, walls that are too thin, pipe diameters that are too small or electrical systems that are incorrect.  These types of errors can result in a project that may be structurally unstable or dangerous to swimmers.

When these instructions refer to another code or standard, it is the installers responsibility to seek out and understand those codes as well.   

In the plans if the structural engineer states, "Shotcrete must be installed in compliance with ACI 506R-05," then the installer must understand what those standards require.   

The structural engineer does not need to reprint the entire referenced standard in the plans.  Why?  Because anyone who installs shotcrete as a part of their business should already be aware of, possess a copy of, and be following the requirements of ACI 506.

If the instructions that are enclosed with electrical components are not read and adhered to, a potentially life threatening situation can be created.  The failure to properly bond metallic components can result in a fatal electrical shock.  Though most electrical components clearly state how they are to be installed, many will also refer to NEC 680 & 682.  Again, anyone who builds swimming pools or fountains should have a copy of these codes and be intimately familiar with them.

The Lack of Qualified Supervision

Note the word "qualified?"  Just because a project has on-site supervision does not mean that the supervision is worth anything.  The supervisor may just be directing the progress and may "no nuthin' 'bout da details uf da wurk."  Therein lies the problem... the blind leading the blind.

The person who supervises the work of others, needs to know how that work is to be performed.  The person supervising the design, planning and construction needs to be familiar with:
structural engineering
soils
excavation 
building forms
hydraulics
plumbing 
electrical
reinforcing steel
shotcrete (wet or dry mix methods)  
tile
masonry
plaster
concrete
mechanical (venting)
fuels (approved piping, venting, shut-offs)
automation and controls 

This is not to say that they need to be a licensed expert in each of these fields.  But, it is saying that they need to know enough about each topic to question what others are telling them is right.  Anyone can make a mistake, even experts that the contractor may hire.  

The contractor needs to understand that pools with diving boards must comply with various floor contour and shape requirements, and which diving boards can be safely used in each.  They must ensure that the project design and engineering complies with these codes and minimum dimensional shapes.

The swimming pool contractor needs to be able to recognize differential soils or buried trash during an excavation.  They need to be smart enough to have the structural and soils engineers weigh in on the discovery.  It may mean nothing or it may be a big deal - but they need to let the experts decide which!

The contractor needs to understand the basics of hydraulics and the Virginia Braeme-Baker Safety Act, in order to deliver a swimming pool that is safe from entrapment hazards, unwarranted restrictions, high energy consumption and cavitation.  The need to ensure that the suction point sumps are the correct size, are compatible with the flow rate ratings of the drain covers and if sumps are field fabricated, that they meet the requirements of the VGBSA.

The supervisor on the project needs to know what each of the sub-trades are required to do.  Whether it is the electrician, plumber, mechanical, masonry or concrete sub-contractor - they need to know the codes and standards that apply to each.  And they have a duty to ensure that these codes are followed and complied with - even if the local inspectors do not enforce the codes.

Because when the client has any doubts about the project, an expert will come in and dissect the project.  Each component of the pool that is found non-compliant may be required to be corrected.  Tearing out completed work to repair underlying defects can quickly consume any project profits.

And anyone in construction will agree... it is cheaper to do it right the first time!

Take the time to READ and UNDERSTAND the plans and installation instructions.  

Employ QUALIFIED project supervisors or go get educated... there are some excellent programs on swimming pool construction available.  The $3,000 spent on one of these programs, will save you much more than that, if an expert is ever hired to evaluate one of your projects.


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

Swimming Pool Design Deficiencies

Swimming Pool Design and Construction Expert, Paolo Benedetti, discusses common swimming pool design inadequacies.  

Proper Planning

We've all heard the old adage "Proper planning prevents piss-poor performance."

If the person doing the planning has a limited education and knowledge base, then all of the beautiful plans in the world will not keep the "boat from sinking."

Proper planning requires knowledge of hydraulics, cement and masonry, some engineering details, electrical, waterproofing and drainage, sanitization, and equipment selection/technology.

It may look pretty on paper, but it might not work in reality.  An example...

Plan Review

I was recently asked to "bid" a job.  After explaining that I do not "bid jobs," because it implies that the client is only concerned with price and not quality (low price and quality are diametrically opposed).

The potential client sent over some beautifully drawn CAD plans.  The project had everything...  a swim up bar, fire features, a detached elevated perimeter overflow, water features, beach entry bubblers and dramatic lighting effects.

As I reviewed the plans, I discovered a number of flaws.  The equipment room was grossly undersized for the amount of equipment (on the specifications list) that would be needed to make everything operate correctly.  No one bothered to lay out the equipment room to scale, to even determine if it would fit and if there was enough room to ever service or repair it.

All of the water features and bubblers were going to operate off of one variable speed pump.  Automatic valves were going to modulate the the on/off of the various features. Good theory - bad practice.  The specified plumbing was undersized and the plumbing design was "unbalanced."

The lighting that was specified for the beach entry and bubblers could not be install in that shallow of water.  The designer did not know the capabilities of the equipment he was even specifying.

The yard was a flat lot, and there was no place for water in the sunken seating or bar area to discharge to.  No other provisions, such as a sewage ejection sump and pump were provided for.

The spa was detached from the pool.  The water level in the spa was to be 18 inches above the pool.  After the water overflowed the spa walls it was supposed to flow into a gutter/rill.  The rill was then going to drain across the pool deck & into the pool.

Great concept, but the gutter had no change in elevation - nothing (gravity) to force it to drain towards the pool.  In fact the bottom of the gutter was 6" below the deck & the pool water level was 5" below the deck.  Water was going to flow BACKWARDS from the pool into the rill.

Only a small percentage of the population has the ability to visualize single dimensional plans in three dimensions.  This is why many projects are designed with inherent flaws that later reveal themselves during construction.

Only cross sectional details will uncover these errors and omissions.  Something most clients are unwilling to pay for...

By the way.. the client thought that my fee for reviewing the plans and completing the necessary details was "...crazy.  The project is already designed."

Little does he know.... he's going to spend more on change orders to modify the project or to correct these problems later, than if he'd paid me my fee.

It's what you don't know (or worse yet, what your "pool designer" doesn't know) that'll bite you!


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

Ceramic Tile Faulty Installation Swimming Pool Expert Witness

Faulty ceramic tile installation in swimming pool is forensically investigated by expert witness Paolo Benedetti.

Standards to live by 

The workmanship standards for ceramic tile installations in swimming pools are published by the TCNA, ANSI, and various aquatic organizations.

Some states have published MINIMAL acceptable workmanship standards, tolerances & variances.

Benchmark

These standards become the benchmark by which a project is judged.  The tolerances and variances are compared to what was done in practice.

As the project is disassembled, the various layers are analyzed for proper materials, application and workmanship.  
Were the layers the correct materials for the intended use?
Are they the proper thickness?
Were they installed correctly (trowel marks knocked down)?
Proper amount of contact or coverage?
Were proper curing practices and times adhered to?

Case Study 

I inspected a faux stone ceramic tile deck.  The joints were uniform and there was minimal lippage.  The homeowner was complaining of a "hollow loose" sound as people with hard soled shoes walked on the tiles.

I interviewed the contractor who described his installation method and materials.  He provided receipts and pictures of his in-progress work to verify his claims.  Everything looked correct...

When I tapped on the tilework with an axe handle, I could also hear a hollow sound.  Granted, some tiles can resonate hollow due to their structure.  But this was bad.  They actually sounded loose, though they appeared to be bonded securely.

With the permission of both parties, I removed some tiles at the edge of the patio.  The problem immediately became apparent...

The gauge marks in the thinset that were created by the notched trowel were not knocked down.  This resulted in the tiles only having 60-70% coverage/contact at best.  Way below the TCNA standards.

The contractor had no option but to remove and reset the entire tile veneer.  It was the right thing to do.  

Had the tile been set correctly, then the sounds would have been blamed on the structure of the actual tiles.  The contractor would have been vindicated.

Litigating an obvious error only wastes time and money, makes attorney's wealthier and creates ill-will with the client.  In this case clear minds prevailed and the contractor did the right thing.

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