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Construction Defects and Claims

Project Experience

U.C. Riverside Science Library
A project involving the catastrophic failure of large-diameter underground air-conditioning chiller lines and the resulting settlement of fill materials, attendant water damage to adjacent structures, and loss of use. Bert L. Howe & Associates developed repair and damage evaluations which were instrumental in the successful prosecution of subsequent subrogation action.

Lish Residence
Located in Twinsburg, Ohio, the claim involves EIFS exterior cladding, alleged window issues, and other building code deficiencies. Bert L. Howe & Associates, Inc. performed an evaluation of the plans, construction documents, and installation. Bert L. Howe & Associates, Inc. observed and documented removal and replacement of system.

UCLA Northwest Housing Complex
A project involving the recently completed Northwest Housing Complex on the UCLA campus. The complex consists of 3 multi-story residential units and a large, five-story multipurpose facility encompassing classrooms, auditoriums, a food facility, and campus support services. Repairs and damages amounting to $18,000,000 were addressed and included alleged deficiencies in structural and fire-resistive systems and failures in exterior waterproofing systems and materials resulting in water intrusion and mold growth.

Las Vegas Club, Las Vegas Nevada
A $5,000,000 remediation analysis of EIFS cladding and related exterior fenestration at the hotel tower portion of the casino. Specialized protocols were developed in order to accomplish exterior repairs without disruption of normal hotel and casino operations and to minimize street-level impact on guests. Special fenestration components and related interface details were developed in order to integrate repairs at the South Wall Facade while maintaining a continuous one-hour minimum fire-rating at this area.

San Bernardino County Medical Center
A $251,000,000 regional medical center constructed in San Bernardino County, California. Claims included alleged failure of terrazzo flooring materials and water damages and mold contamination related to shower membrane leaks in patient rooms. Repair protocols developed by Bert L. Howe & Associates were implemented resulting in substantial savings to insurers and continual, uninterrupted hospital operations during mold abatement remediation and repair.

Dickens Senior Housing Project, Sherman Oaks California
A project involving water intrusion at a senior citizen condominium facility. The complex consists of a two-story wood-framed structure over a combination above- and below-grade, cast-in-place concrete parking structure. Claims included water intrusion through roofing assemblies, stucco wall and window systems, and membrane waterproofing materials at public courtyards and walkways over the parking structure. Special repair protocols were developed with regard to sound and dust mitigation and a sophisticated relocation schedule was prepared in order to minimize resident discomfort and displacement.

Banning’s Landing Community Center, Wilmington, Port of Los Angeles
A $5,000,000 state-of-the-art multipurpose cultural and meeting facility located in the port community of Wilmington, California. Claims arose from damages caused by prolonged weather exposure resulting from numerous construction delays. Due to complex design elements and the interpolation of multiple architectural, structural, and material finish elements, the development of repair protocols presented BHA with unique challenges. Adding to the complexity of the project was the complete remediation of the center prior to BHA involvement, which forced a heavy reliance on construction documents and project logs.

Mission Ridge Apartments, Las Vegas Nevada
A $9,000,000 project involving a 256-unit, 16-building apartment complex in Las Vegas, Nevada. Repair and damage evaluations were developed relative to significant deterioration of exterior stucco wall systems, correlating to multiple contributing sources. BHA provided in-depth analysis of leak history documents, historical photographs of previously repaired damage, and deficiency listings and repair recommendations developed during mediation. As a result of this analysis, BHA was able to successfully allocate responsibility to multiple sources outside the insured’s scope of work, resulting in a savings to the carrier in excess of 96% off the mediation demand.

Union Bank Plaza, Los Angeles
A $1,000,000 renovation and tenant improvement project encompassing the street level plaza and mezzanine promenade fronting the Union Bank building in downtown Los Angeles. Repair and damage evaluations were developed relating to failed substrate topping slab materials, horizontal and vertical waterproof membrane systems over a subterranean garage, and the failed application of granite pavers and building wainscot cladding.

Senior Systems Technology, Palmdale California
A project involving the failure of the slab-on-grade in a $7,000,000 high-tech computer manufacturing facility and the resulting damage to sophisticated static electricity-dissipating flooring systems.

Southern Ohio Health Services Facility
In this project, located in Seaman, Ohio, we undertook site investigation and testing in order to determine issues pertinent to work performed by the framing contractor.

Cleveland Fourplex
Multi-family development located in Cleveland, Ohio, Bert L. Howe & Associates, Inc. completed excavating, foundation, and waterproofing inspections on single and multi-family projects throughout northeastern Ohio.

Amburn Residence
35,000 sf home, located in Mount Pleasant, SC. Alleged defects include failure of the EIFS exterior cladding causing water intrusion and substantial damage to framing materials. Complete analysis of exterior cladding, roofing, and fenestration is currently underway by BHA.

Carrell Residence
Project located in Simpsonville, South Carolina, involving water intrusion and mold claims. Investigations by BHA have discovered that elements of the roofing, siding, and balcony waterproofing have contributed to the water intrusion and associated mold issues.

Centex Homes
Seventeen homes in this project, located at the Charleston National Country Club, have front elevations that were clad with EIFS. Damage and repair evaluations were developed to rectify the issues at minimal cost without displacing the residents.

Clifford Pierce Middle School
Located in Merrillville, Indiana, a scaffolding accident left a worker with permanent injuries. Evaluation of OSHA regulations, weather, and job site conditions was performed by BHA to assist in the settlement and allocation of responsibility.

Duncan Residence
45,000 sf plantation home near Myrtle Beach, South Carolina, involving allegedly defective EIFS siding. BHA provided an evaluation of defects and repair costs. BHA assisted in settlement of a $750,000 for less than $80,000.

Eckstein Residence
A $1.7 million home in Paducah, Kentucky. Allegations of water intrusion and mold. Investigation by BHA of windows and deck waterproofing is currently under way.

Hadwin-White GMC
Near Myrtle Beach, South Carolina. Remodeling of the building consisted of EIFS installation and roof alteration, allegedly causing water intrusion and subsequent damage. BHA is currently performing investigation of design and installation to determine potential design deficiencies and damage repair costs.

King Residence
Located in Columbia, South Carolina, alleged defects include water intrusion at the front picture window. Investigation by BHA has concluded that deficiencies exist in stone veneer and window construction.

Logan-Todd Regional Water District
$3.7 million project of a raw water intake plant on the Cumberland River in Hartsville, Kentucky. Issues include contracts, delay claims, and liquidated damages. Evaluation of site conditions, and contract firms is in process by BHA.

Smith Residence
Located in Hilton Head Island, South Carolina, the claim involves EIFS exterior cladding, allegedly defective fenestration, and other building code deficiencies.

The Dreamworks Animation Studio and campus, a motion picture and television production facility located in Glendale, California.

One Harbor
Twin, high rise condominium towers overlooking San Diego Bay, Coronado Island, and downtown San Diego.

Fullerton Police Department
The expansion and renovation of the Fullerton Police Department headquarters, an administrative and jail facility serving the City of Fullerton, California.

Cal State Fullerton
A science laboratory facility on the campus of California State University, Fullerton.

701 Ocean
A four-story condominium structure with a below-grade parking facilities and a rooftop pool/sun deck, overlooking the Pacific Ocean on Ocean Avenue in Santa Monica, California.

101 Ocean
An exclusive, high-rise condominium structure with appurtenant parking facilities overlooking the Pacific Ocean on Ocean Avenue in Santa Monica, California.

Palmdale Marketplace
A large, regional shopping center anchored by multiple major tenant and located in Palmdale, California.

Prince Turki Residence
A 15,000 sf private residence located in Bel Air, California.

Plaza Temecula
A multi-tenant shopping center and light commercial complex located in Temecula, California.

Yorba Linda Community Center
A state-of-the-art, multipurpose community and senior center facility located in Yorba Linda, California.

University of California Riverside v. Barnhard
A high pressure line break cased flood and erosion to UCR’s new science building. Repairs required extensive excavation, recompaction, and repair to site and building.

Pasadena Industrial Building
This project had issues including foundation deformation and subsidence. The foundation was augmented and leveled by the use of helical anchors. The building was reinforced. Slab replacement was required.



Southern California
Corporate Offices
5415 E. La Palma Ave.
Anaheim Hills, CA 92807

2520 Venture Oaks Way
Suite 435
Sacramento, CA 95833

San Diego
402 West Broadway
Suite 400
San Diego, CA 92101

Las Vegas
3960 Howard Hughes Parkway
Suite 500
Las Vegas, Nevada 89169

2375 East Camelback Road
Suite 600
Phoenix, Arizona 85016

Salt Lake City
2150 South 1300 East
Suite 500
Salt Lake City, Utah 84106

4600 South Syracuse
9th Floor
Denver, Colorado 80237-2719

800 Town and Country Boulevard
Suite 300
Houston, Texas 77024

San Antonio
17806 IH 10
Suite 300
San Antonio, Texas 78257

1111 Lincoln Road
Suite 400
Miami Beach, Florida 33139

BHApedia — The Pictorial Construction
Terminology Dictionary

Online pictorial construction terminology dictionary for construction defect and
claims attorneys, insurers, and construction practice groups.

To use the dictionary. Use the scroll bar below to find your definition and click.



A versatile, bendable framing anchor (clip) used to provide shear load transfer between framing elements.



Construction Claims Consultants

Trial Support, Expert Witness Personnel

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John Springman John Springman
Master of Architecture, University of Illinois
Licensed Architect, California
Licensed Architect, Colorado
Licensed Architect, Nevada
Licensed Architect, Texas
NCARB Certification
California Supplemental Examination Commissioner, California State Board of Architects

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Matt Nardella Matthew J. Nardella
Licensed Architect, State of California
Registered Residential Designer, State of Nevada
Bachelor of Architecture, California State Polytechnic University, Pomona
California Supplemental Oral Examination Commissioner, California State Board of Architectural Examiners
Organizational Member, American Concrete Institute

Licensed Architect, California
Licensed Architect, Mexico
Bachelor in Architecture, Escuela Mexicana de Arquitectura, La Salle University, Mexico City, Mexico


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John Tolman JOHN D. TOLMAN
Licensed General Building Contractor, B-410125, State of California
Licensed Real Estate Broker – California
Doctorate of Law – Western State University
Bachelor of Science, Law – Western State University
Bachelor of Arts – University of Redlands
Member – American Bar Association
Member – American Society of Professional Estimators
Member – Construction Specification Institute
Member – Association of General Contractors

Mark Van Wonterghem Mark Van Wonterghem
Licensed General Contractor (835508), State of California
NACHI Certified Home Inspector
Member, ASPE - American Society of Professional Estimators
40-Hour Hazardous Material Handling Certification
Certificate in Cleanroom Construction Technology, University of Arizona
General Education, California State University, Fullerton

Alan D. Sturm ALAN D. STURM
Experienced in residential, commercial and catastrophic property claims with certifications from National Flood Insurance Program (NFIP), California Earthquake Authority (CEA), State Farm, Allstate, Tower Hill, Liberty Mutual, St. Paul/Travelers and Licensed Insurance Adjuster in Five States

Licensed General Building Contractor, B-900929, State of California
Licensed General Contractor, All Structures: Oregon
Member, International Conference of Building Officials
ICC Certified Building Inspector (IBC), #5028454-B5
ICC Certified Building Inspector (UBC), #5028454-10
Certificate – 11CRC & AGGIH Mold Remediation in Buildings
Member, American Society of Professional Estimators (ASPE)
Member, Construction Specification Institute
Member, International Conference of Building Officials

Bachelor of Arts Degree, Architecture, University of California, Berkeley
IICRC-Certified Water Restoration Technician, Applied Microbial Remediation Technician
Instructor, Santa Fe Community College, Santa Fe, New Mexico
Instructor, University of Colorado Center
Certified Estimator, Xactimate

David Suggs DAVID L. SUGGS
Licensed General Building Contractor, B-778968, State of California
Certified Waterproofing Applicator
Member, American Society of Professional Estimators
Member, Construction Specifications Institute
Licensed General Building Contractor, State of Nevada
ASPE-Certified Professional Estimator

Gregory C. Cook Gregory C. Cook
Licensed General Contractor, California
ICBO Residential Building Inspector
Certified Mold Remediation Contractor

Southeastern Community College, West Burlington, Iowa
University of Iowa, Iowa City, Iowa
Licensed General Contractor, Colorado (various jurisdictions)
Licensed General Contractor, Iowa
Licensed General Contractor, Montana
Licensed General Contractor, Nebraska
Licensed General Contractor, Texas (inactive)
Australia Building Services Authority Registered Contractor, Australia (inactive)
International Code Council, 2006 Residential Building Contractor, C
International Code Council, 2006 Residential Building Inspector
Certified Project Manager, Department of Energy
Certified Project Manager, American Academy of Project Management
Certified International Project Manager, American Academy of Project Management
Department of Energy, published technical author
International Code Council
Society of Manufacturing Engineers
American Society of Mechanical Engineers
Project Management Institute
American Academy of Project Management
Home Builders Association of Metro Denver


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Mark Chapman Mark Chapman
Bachelor of Science, Civil Engineering, 1991, California State University, Long Beach
Registered Civil Engineer for California, 52142, 1994
Registered Civil Engineer for Arizona, 36022
Registered Civil Engineer for Nevada, 014532
Licensed General Building Contractor, B-632445, State of California

Jerry Miles Jerry Miles
Brigham Young University, Provo, UT; BS Civil Engineering (1984)
Professional Engineer’s License (Civil #88865) in Texas
Professional Engineer’s License (Civil #42593) in California
Professional Engineer’s License (Civil - Inactive) in Nevada
Professional Engineer’s License (Civil - Inactive) in Louisiana
Professional Engineer’s License (Civil - Inactive) in Oklahoma
Professional Engineer’s License (Civil - Inactive) in Arkansas
Slope Stability Course, Cal-Poly, Pomona University – 1986
Hydrology Software Seminar – 1990
Municipal Planning and Land Use Seminar – 1992
Softdesk Software Training – 1999
Foundation Engineering Seminar, University of Wisconsin, Madison, Wisconsin – 2003
ASCE Wind Engineering Seminar, Las Vegas, NV – 2006
American Society of Civil Engineers – Member
American Concrete Institute – Associate

Matt Stiefel Matt Stiefel
University of California, Los Angeles; BS Civil Engineering (1997)
Professional Engineer’s License (Civil #61676) in California
Professional Engineer’s License (Civil #16611) in Nevada
International Code Council California Building Plans Examiner
Cal EMA Post-Disaster Safety Assessment Program Evaluator
Foundation Engineering Course (CE 744); NC State University – 2007
Structural Design in Wood Course (CE 528); NC State University – 2007
Slope Stability Seminar; Virginia Tech University – 1999
California Mold Conference Seminar; Lorman Education Services – 2002
Wood Structures I and II; International Code Council – 2004
Structural Design Seminar; University of Wisconsin, Madison – 2006
American Society of Civil Engineers - Member


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Bradley W. Hughes BRADLEY W. HUGHES
Licensed General Building Contractor, B-00723912, State of California
Licensed Roofing Contractor, C39-00723912, State of California
Graduate, Control Data Institute, Anaheim, CA
Associate of Science Equivalence Diploma computer technology
Member, Construction Specifications Institute
Tile Roofing Institute Certification


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