A building contractor’s maintenance of the supporting joists and erosion control was brought into question after a balcony collapse resulted in the death and injury of multiple individuals. An investigation concluded that the wooden joists supporting the balcony were allegedly completely rotten, and had been concealed under the building’s stucco and and other building materials. Over the years, there had been discoloration and mold growth on the wooden joints due to water infiltration that was cleaned off by management rather than practicing proper maintenance, and the contractors had refused to fix any issues with the balcony after the one-year warranty had expired. The trial required an expert in contracting industry customs and practices to opine on whether the erosion of the balcony joists could have been preventable.
Question(s) For Expert Witness
1. Do you have experience as a contractor on similar projects?
2. Is is customary for a contractor to fix an issue like rotting even after a warranty is over?
Expert Witness Response
I have been involved in Architectural Design and Construction for well over 40 years, and have been a licensed contractor to design and build homes since 1989. Any good contractor would inspect and fix an issue like rotting even after a warranty is over. The management company likely has the largest share of liability, as it would have been their responsibility to either notify the contractor that did the original work, or another contractor to examine and comment on or repair any suspected or possible deficiencies. A contractor would normally visit the site, and examine any deficiency issues when notified of a problem with their work. In addition, I am very familiar with the issue at hand and can speak about the design and inspection of closed decks.
About the author
Joseph O'Neill
Joe has extensive experience in online journalism and technical writing across a range of legal topics, including personal injury, meidcal malpractice, mass torts, consumer litigation, commercial litigation, and more. Joe spent close to six years working at Expert Institute, finishing up his role here as Director of Marketing. He has considerable knowledge across an array of legal topics pertaining to expert witnesses. Currently, Joe servces as Owner and Demand Generation Consultant at LightSail Consulting.
