Daniel P. Barton, P.E.

Expert QuestionS & AnswerS

Construction defect investigation and waterproofing assessment — what unique evidence and challenges does each present?

While each case can differ, and offer unique challenges, there are challenges that commonly occur, one of which is the lack of written contracts that clearly define the roles of each of the parties. Another common challenge arises when repairs have already been completed, or when destructive testing takes place without our notification. Each of these can be overcome in most cases; however, it can make the work more difficult.

In storm damage assessments, distinguishing wind damage from pre-existing conditions is a constant challenge — what are the telltale signs you look for?

The correlation between observed distress and the actual storm conditions (i.e. wind speeds, wind direction, hail size, etc.). In addition, historic photographs from aerial imagery, MLS photos, etc. may also help to distinguish between older and newer distress, as well as evidence of aging and or previous repairs of building materials.

In property loss investigations, what’s a type of damage that looks minor on the surface but turns out to be far more serious than anyone expected?

Hidden material loss of strength due to either decay or other wood destroying organisms, such as insects. Visible correlating damage is usually first evidenced by relatively minor distress in the finishes (i.e. drywall, flooring, siding). However, by the time the distress has become a concern, the underlying structural members may have already undergone significant reductions in strength.

As an expert witness, what’s the one thing you wish judges and juries better understood about property loss consulting?

That we are expected to follow the science and data to scientifically supported conclusions. As long as they, and in particular the jury, focuses on our explanation of how a particular set of data or physical evidence leads to a particular conclusion, then they have done their job and should reach a sound verdict.

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