the Litigation has started

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Author Message Jerome J. Lazar, RA, CCS, CSI, SCIP Senior Member Username: lazarcitec Post Number: 1630 Registered: 05-2003 Posted on Wednesday, April 20, 2016 - 05:18 pm:    Earlier this week litigation was announced on 3-45 story condo towers built between 2003 and 2008 in Sunny Isles, FL. Trump Towers to be exact. Built by two of the largest multi-family developers in SFL, along with one of the largest Architectural Firms and Contractor, all these professionals are totally against using specs in their documents. There were 150 construction defects cited, many very typical in SFL, though easily avoided with proper documents. And all these firms are close to completing dozens of new condo projects this cycle. The lawyers are going to be busy. http://therealdeal.com/miami/2016/04/18/lawsuits-allege-developers-performed-shoddy-construction-work-on-trump-towers-in-sunny-isles-beach/ Dave Metzger Senior Member Username: davemetzger Post Number: 634 Registered: 07-2001 Posted on Wednesday, April 20, 2016 - 05:29 pm:    "though easily avoided with proper documents." Proper documents per se are no guarantee that defects will be avoided; the contractor still has to build according to the documents, and the architect still has to enforce the provisions of the documents. Jerry, can we assume that there were no Lazarspecs for these projects, and so you've dodged a bullet? Jerome J. Lazar, RA, CCS, CSI, SCIP Senior Member Username: lazarcitec Post Number: 1631 Registered: 05-2003 Posted on Wednesday, April 20, 2016 - 05:40 pm:    Dave my track record remains golden. I have prepared specs for two Trump projects in the past, both have changed names and ownership since. I am working with the same contractor on a 30 story condo now under VE, so far specs are included. As for the Architect, I have tried offering my services in the past, but they feel their drawings are so superior they don't need specs. I've looked at their drawings, typical, no magic here. Dave I know that the projects that I have prepared specs for have had minor litigation, and none of those projects that were litigated were my specs names as a cause for negligence. The scary thing is that all of these players have built dozens of high rises in So Florida this past cycle. How much you want to bet they haven't learned their lessons, in fact my job site contacts tell me that they have seen some of the worse construction this cycle in 20 years. Jerome J. Lazar, RA, CCS, CSI, SCIP Senior Member Username: lazarcitec Post Number: 1632 Registered: 05-2003 Posted on Wednesday, April 20, 2016 - 05:44 pm:    Dave maybe I didn't answer your question, I believe that specs add value to the contract documents, w/o specs it is much easier for the GC to cheat on quality. Dave Metzger Senior Member Username: davemetzger Post Number: 635 Registered: 07-2001 Posted on Wednesday, April 20, 2016 - 06:35 pm:    Yes, I agree with you Jerry. I see specs as silver bullets. Of course if there are no specs, there are no contract requirements to which to hold the contractor. My point was that specs need to be followed and enforced, which means the contractor and architect need to have read them. And the owner accepts that quality costs money. I can see that if the short-term bottom line is the primary consideration, the temptation to ignore specs. Jerome J. Lazar, RA, CCS, CSI, SCIP Senior Member Username: lazarcitec Post Number: 1634 Registered: 05-2003 Posted on Wednesday, April 20, 2016 - 08:50 pm:    I've been trying to get my fellow architects to read specs for years. Not happening, the usual reason is that there is no time to read the specs? And so its easier not to include specs. For some reason this seems to be a problem in SFL, but not anywhere else? As far as I can tell, Architects have gotten lazy, its a sad situation. Nathan Woods, CSI, CCCA, LEED AP Senior Member Username: nwoods Post Number: 692 Registered: 08-2005 Posted on Wednesday, April 20, 2016 - 10:24 pm:    Don't equate laziness with available fee. If Owners see no value in it, the Archtect will not get paid for their time related to it, ergo, it doesn't happen. I suspect the SFL architect's fees are cut to the bone by these same developers, and probably also squeezed on the other end by their insurers. David G. Axt, CCS, CSI ,SCIP Senior Member Username: david_axt Post Number: 1475 Registered: 03-2002 Posted on Thursday, April 21, 2016 - 01:03 pm:    Jerome, For the most part I have found that architects only read the specs when there is some big problem in the field and the architect is trying to find language to hang the contractor. I do have one client that pours over my spec with a microscope and gives me very good feedback. Those clients are rare. David G. Axt, CCS, CSI, SCIP Specifications Consultant Axt Consulting LLC Jerome J. Lazar, RA, CCS, CSI, SCIP Senior Member Username: lazarcitec Post Number: 1636 Registered: 05-2003 Posted on Thursday, April 21, 2016 - 01:08 pm:    Fortunately I work with a few architects who actually read the specs, these are typically architects who have been taken to the cleaners due to litigation that did not go their way....its always about the pocketbook, once you get burned you try and avoid a repeat performance. Unfortunately in this business, memories are short. Jerome J. Lazar, RA, CCS, CSI, SCIP Senior Member Username: lazarcitec Post Number: 1637 Registered: 05-2003 Posted on Thursday, April 21, 2016 - 01:14 pm:    Its interesting that the litigation news has appeared in every news publication in SFL this week. Could it be due to Mr Trump's political aspirations? Trump's name is on the buildings, however his contribution was name only, Trump ORG had nothing to do with the design or construction of the buildings. Phil Kabza Senior Member Username: phil_kabza Post Number: 568 Registered: 12-2002 Posted on Wednesday, June 01, 2016 - 10:21 am:    Jerome: Here's another little item from your bailiwick. Perhaps you should get out of spec writing and just do expert witness work - higher billing rate: http://www.durabilityanddesign.com/news/?fuseaction=view&id=14983 Jerome J. Lazar, RA, CCS, CSI, SCIP Senior Member Username: lazarcitec Post Number: 1645 Registered: 05-2003 Posted on Wednesday, June 01, 2016 - 10:47 am:    Phil, what and miss all the fun? Within the past few days some of my predictions have come true, architects who deleted specs from their contract docs have found that during recent litigation, having no specs is worse than having specs. Expert Witnessing is no big pay day, perhaps during semi- retirement, but it means having to work with lawyers...and telling the truth about incompetence among my peers. There are many architects in So Florida who know little how to use specs to their advantage. Jerome J. Lazar, RA, CCS, CSI, SCIP Senior Member Username: lazarcitec Post Number: 1646 Registered: 05-2003 Posted on Wednesday, June 01, 2016 - 11:01 am:    BTW Phil, the project noted in your link was one that I almost prepared specs for, the Developer a former client wanted me to submit a proposal, however the architect wanted me to commit to dropping all other clients while working on this project. I was unable to comply, so I removed myself from the RFP. The winning spec writer was one who had prepared specs for the architect in the past. The construction firm quoted in the article prefers no specs on the project, not sure how the job went to bid, but several buildings are completed. Drywall litigation is usually due to sloppy work, this Developer is too smart to allow some of the past SFL Drywall problems, like using Chinese Drywall. Phil, this developer is one of the better developers in SFL, they have had their share of stucco delaminations and glass failures, but they learn from their mistakes. Something else is happening here, not privy to us yokels. Jerome J. Lazar, RA, CCS, CSI, SCIP Senior Member Username: lazarcitec Post Number: 1647 Registered: 05-2003 Posted on Wednesday, June 01, 2016 - 04:54 pm:    Phil, I just reread the article and noticed your comments. I am confused you state there are no specs nor on site quality control, how could you know that unless you are part of the team on the project? It is true that specs are considered taboo by many architects, contractors, and developers, but don't assume all construction professionals feel that way in SFL, if that was the case I'd be out of business. Paul Sweet (Unregistered Guest) Unregistered guest Posted on Friday, June 03, 2016 - 12:22 pm:    More Florida stucco problems: http://www.thebuildingcodeforum.com/forum/threads/kb-home-settlement-with-attorney-general-shines-light-on-floridas-stucco-problem.13466/ Jerome J. Lazar, RA, CCS, CSI, SCIP Senior Member Username: lazarcitec Post Number: 1648 Registered: 05-2003 Posted on Friday, June 03, 2016 - 01:50 pm:    Paul nothing new in your post, Michael Starks is indeed someone who I consider a Stucco Expert, Mike is no longer President of FLPB, that would be Russ Flynn, however Mike is still active in Stucco and now offers Consulting and Forensic Services for same. In Florida, Mike is correct, poor prep, installation, and improper use of waterproofing are all reasons for stucco failure. Expect more announcements of significant litigation moving forward, stucco is still delaminating, allowing moisture to get behind the stucco (direct applied to CBS. Mold and Mildew follows. Its the same old story, construction is rushed to completion in order to appease the Developer. I have to laugh everytime a Northern Architect or Spec Writer prepares documents in SFL, they forget that Florida is different than any other state. Metal lath applied to CBS on coastal projects, seriously, instant future lawsuit even when using galvanized metal lath, for those insist that lath is the solution, there is stainless steel or plastic, but the cost is too high. Suggest you reread the writings of Prof/Engineer Paul Lstiburek or Jim Gulde, RIP or Harry Rourke, RIP; if you really want to know how to spec/install stucco in So Florida. BTW, I never specify lath, except at junctions of diaaimilar materials, its a waste of material. David G. Axt, CCS, CSI ,SCIP Senior Member Username: david_axt Post Number: 1484 Registered: 03-2002 Posted on Monday, June 06, 2016 - 12:55 pm:    Everyone should keep in mind that lawyers can't read drawings, but they can (and do) read specs! David G. Axt, CCS, CSI, SCIP Specifications Consultant Axt Consulting LLC Lynn Javoroski FCSI CCS LEEDŽ AP SCIP Affiliate Senior Member Username: lynn_javoroski Post Number: 2080 Registered: 07-2002 Posted on Monday, June 06, 2016 - 09:40 pm:    "What's the difference between a plan room and a court room? They read specs in a court room!" John Bunzick, CCS, CCCA, LEED AP Senior Member Username: bunzick Post Number: 1676 Registered: 03-2002 Posted on Tuesday, June 07, 2016 - 03:32 pm:    Yes, I agree lawyers can't - and won't - read drawings. I was once a witness in a lawsuit over a project for which I did the CA. I was something like the 20th witness called to do a deposition (in front of 17 attorneys - this was a high-profile state project). All the really important witnesses, like architect, firm principals, project manager, etc. for designer, contractor and owner had been called before they finally got to me. Only then was a roll of drawings introduced as evidence for the first time. I think they soon regretted it because I was able to walk all over the plaintiff's attorney, who did not know what he was talking about (from a design/technical perspective). Brian E. Trimble, CDT Senior Member Username: brian_e_trimble_cdt Post Number: 83 Registered: 08-2005 Posted on Friday, June 10, 2016 - 05:53 pm:    Jerry, You mention that you don't usually use lath. Would that change if it weren't metal and instead it was the newer fiberglass mesh? Or doesn't the material matter to you? Jerome J. Lazar, RA, CCS, CSI, SCIP Senior Member Username: lazarcitec Post Number: 1650 Registered: 05-2003 Posted on Saturday, June 11, 2016 - 09:32 am:    Fiberglass Mesh is not knew Brian, I include fiberglass mesh as an option over the junction between concrete and block. Reread my last post, plastic lath is great, just expensive, gets VE'd a lot on typical jobs.