Honesty from a swimming pool expert witness is paramount!
An Issue of Credibility
False claims of experience by a swimming pool expert witness will only serve to impeach their credibility.
There are a number of swimming pool expert witnesses who are claiming to have been involved in the design, engineering or construction of tens of thousands of swimming pools.
Delve into the Facts
Was the expert witness the principal of an "engineering mill," that sold generic pool plans via mail order to anyone with a checkbook? Does that permit them to claim those as experience? Claiming to have been involved in every one of those projects? Hardly!
Was the expert witness the president of a large franchise swimming pool company? Because they delivered generic engineering to their franchisees, do they get to claim that as "involvement?" Does that allow them to claim that they were involved in every project that their independent franchise owners built? Hardly!
Issues of Quality
Are there issues of quality or compliance surrounding pools build using those generic plans?
The issuance of such plans by a licensed engineer without reviewing the site or soils conditions, is a violation of the International Building Code (the USA's National Building Code). Structures must be designed to withstand the site conditions - something that the structural engineer cannot do without reviewing a soils report or the site conditions.
Have any projects that utilized those generic plans ever experienced structural failures?
Were those failures due to the inadequacies of the plans or the lack of review of the site or soil conditions?
Maybe the plans that were provided were inappropriate for the conditions that were present?
Were there quality or construction defect issues with any of the pools built by franchisees?
If an expert witness is going to claim those projects as their "qualifying experience," then don't they also have to assume the failures associated with those very same projects?
It's all a matter of veracity.
Contact the author, Paolo Benedetti of Aquatic Technology Pool and Spa at:
info@aquatictechnology.com or 408-776-8220.
Visit his website at: www.aquatictechnology.com.
All Contents © Aquatic Technology Pool & Spa, 2013.
All rights reserved.
Wednesday, September 4, 2013
Monday, September 2, 2013
Concrete Filling Drilled Caissons - Don't just let the concrete fall
Filling drilled caissons with concrete - do not just let the concrete fall!
Free Fall
Recently, I was asked to weigh in on a project where the methods for placing concrete into drilled caissons were under debate.
The concrete contractor insisted that the concrete could be dropped from the surface down into the 40 foot hole. The swimming pool contractor did not feel comfortable with that, but did not know of any standards that dictated otherwise.
American Concrete Institute (ACI)
The ACI publishes a myriad of concrete standards. Most issues regarding concrete, are discussed in their standard ACI 318. ACI 318 has been adopted and incorporated into the International Building Code (IBC) as well as the California Building Code (CBC). The IBC is the basis for building codes relating to concrete, that have been adopted across the nation.
ACI 318 states that concrete should be placed as close to it's intended location as possible. So, in the case of drilled caissons, that means filling the hole from the bottom up. The weight of 40 feet of 3-4" concrete filled hose is unwielding. Usually a crane, backhoe or concrete boom is required to fill such deep holes.
California Building Code
The CBC is a little more compromising. It allows for the concrete to fall no more than 6 feet.
Separation
Why is there any concern at all? Separation.
If the concrete is allowed to fall a significant distance, the aggregate separates from the concrete. A homogenous mix is not delivered to the final resting place. Pumping the concrete from 40 feet also allows the concrete to bounce off of the reinforcing steel, also separating the aggregate from the cement.
To ensure that the specified mix design is delivered as specified, precise placement practices are critical.
Contact the author, Paolo Benedetti of Aquatic Technology Pool and Spa at: info@aquatictechnology.com or 408-776-8220.
Visit his website at: www.aquatictechnology.com.
All Contents © Aquatic Technology Pool & Spa, 2013.
All rights reserved.
Free Fall
Recently, I was asked to weigh in on a project where the methods for placing concrete into drilled caissons were under debate.
The concrete contractor insisted that the concrete could be dropped from the surface down into the 40 foot hole. The swimming pool contractor did not feel comfortable with that, but did not know of any standards that dictated otherwise.
American Concrete Institute (ACI)
The ACI publishes a myriad of concrete standards. Most issues regarding concrete, are discussed in their standard ACI 318. ACI 318 has been adopted and incorporated into the International Building Code (IBC) as well as the California Building Code (CBC). The IBC is the basis for building codes relating to concrete, that have been adopted across the nation.
ACI 318 states that concrete should be placed as close to it's intended location as possible. So, in the case of drilled caissons, that means filling the hole from the bottom up. The weight of 40 feet of 3-4" concrete filled hose is unwielding. Usually a crane, backhoe or concrete boom is required to fill such deep holes.
California Building Code
The CBC is a little more compromising. It allows for the concrete to fall no more than 6 feet.
Separation
Why is there any concern at all? Separation.
If the concrete is allowed to fall a significant distance, the aggregate separates from the concrete. A homogenous mix is not delivered to the final resting place. Pumping the concrete from 40 feet also allows the concrete to bounce off of the reinforcing steel, also separating the aggregate from the cement.
To ensure that the specified mix design is delivered as specified, precise placement practices are critical.
Contact the author, Paolo Benedetti of Aquatic Technology Pool and Spa at: info@aquatictechnology.com or 408-776-8220.
Visit his website at: www.aquatictechnology.com.
All Contents © Aquatic Technology Pool & Spa, 2013.
All rights reserved.
Sunday, September 1, 2013
Swimming pool expansive soils structural design
Designing swimming pools to withstand expansive soil conditions
Expansive Forces
Expansive soils are found all across the United States and in many parts of the world. The energy that they can place upon a structure is immense.
The concern with swimming pools is that the soils around the pool will swell and place an inward force upon the shell (called lateral pressure). The expansive soils literally squeeze the pool to death, cracking it. Expansive soils under a pool can push it right out of the ground. And usually this is not an even force, so the pool ends up being out of level, creeps or moves, or the floor cracks.
Once a pool begins to leak, that water saturates the expansive soils making the situation even worse.
May the force be with you
Usually there is little concern about expansive uplift, as expansive soil deposits are usually only a few feet thick. The act of excavating the pool, removes the expansive soils from beneath the pool shell. This eliminates the vertical uplift concerns. In these instances, the pool can be designed to overcome the inward pressures from swelling soils that remain around the walls.
Bench Pressing
Where the expansive soil deposits are deeper than a few feet there are a few options. Left unchecked, the expansive soils will bench press the pool out of level, potentially cracking the floor.
Over excavation is the least expensive. If the expansive soils are a reasonable depth, they may be simply removed. The hole is then brought back up to the required depth with an engineered fill. The engineered fill can be a cement slurry or imported and compacted road base. From then on, it is construction as usual with fortified walls (to address the expansive soils around the walls).
In areas with unreasonably deep deposits of expansive soils, the options begin to get expensive. The most common method is to isolate the floor of the pool from the effects of the swelling soils. The pool is usually placed upon a series of drilled caissons and supported on grade beams. The soils between the grade beams are removed and filled with a "void form."
A void form is comprised of layers of cardboard or EFS foam blocks. They are used to support the concrete until it is cured. Eventually the cardboard void form decays and shrinks, leaving a compressible voids or pockets under the pool. The EFS foam blocks are designed to compress and absorb the energy of the swelling soils. Not to worry, as the pool is actually supported on the drilled pier foundation. If the expansive soils swell, they move into these voids, leaving the pool unscathed.
Isolating the Walls
Some soils engineers are over concerned about isolating the walls of the structure from these expansive forces. This can also be achieved through the use of EFS blocks. Since they do not decay like void forms, they will continue to support the soils and sidewalks above them. In the event of compressive forces, they absorb the energy, yet still support the surfaces above.
Drainage
Keeping the soils around the pool dry, is of course the easiest course of prevention. Maintaining the caulking in expansion joints and not allowing the decks to drain off into the surrounding planters, will assist in keeping the decks level and the pool structure sound.
It is best to collect the water on the pool decks and route it a safe distance away from the pool, where they cannot flow back under the pool or decks. Deepened turn down footings around the edge of a patio slab will keep any irrigation water from flowing back under the slab through the base rock material.
This is why you need a soils report before embarking on the structural engineering design for a swimming pool.
Contact the author, Paolo Benedetti of Aquatic Technology Pool and Spa at: info@aquatictechnology.com or 408-776-8220. Visit his website at: www.aquatictechnology.com. All Contents © Aquatic Technology Pool & Spa, 2013. All rights reserved.
Expansive Forces
Expansive soils are found all across the United States and in many parts of the world. The energy that they can place upon a structure is immense.
The concern with swimming pools is that the soils around the pool will swell and place an inward force upon the shell (called lateral pressure). The expansive soils literally squeeze the pool to death, cracking it. Expansive soils under a pool can push it right out of the ground. And usually this is not an even force, so the pool ends up being out of level, creeps or moves, or the floor cracks.
Once a pool begins to leak, that water saturates the expansive soils making the situation even worse.
May the force be with you
Usually there is little concern about expansive uplift, as expansive soil deposits are usually only a few feet thick. The act of excavating the pool, removes the expansive soils from beneath the pool shell. This eliminates the vertical uplift concerns. In these instances, the pool can be designed to overcome the inward pressures from swelling soils that remain around the walls.
Bench Pressing
Where the expansive soil deposits are deeper than a few feet there are a few options. Left unchecked, the expansive soils will bench press the pool out of level, potentially cracking the floor.
Over excavation is the least expensive. If the expansive soils are a reasonable depth, they may be simply removed. The hole is then brought back up to the required depth with an engineered fill. The engineered fill can be a cement slurry or imported and compacted road base. From then on, it is construction as usual with fortified walls (to address the expansive soils around the walls).
In areas with unreasonably deep deposits of expansive soils, the options begin to get expensive. The most common method is to isolate the floor of the pool from the effects of the swelling soils. The pool is usually placed upon a series of drilled caissons and supported on grade beams. The soils between the grade beams are removed and filled with a "void form."
A void form is comprised of layers of cardboard or EFS foam blocks. They are used to support the concrete until it is cured. Eventually the cardboard void form decays and shrinks, leaving a compressible voids or pockets under the pool. The EFS foam blocks are designed to compress and absorb the energy of the swelling soils. Not to worry, as the pool is actually supported on the drilled pier foundation. If the expansive soils swell, they move into these voids, leaving the pool unscathed.
Isolating the Walls
Some soils engineers are over concerned about isolating the walls of the structure from these expansive forces. This can also be achieved through the use of EFS blocks. Since they do not decay like void forms, they will continue to support the soils and sidewalks above them. In the event of compressive forces, they absorb the energy, yet still support the surfaces above.
Drainage
Keeping the soils around the pool dry, is of course the easiest course of prevention. Maintaining the caulking in expansion joints and not allowing the decks to drain off into the surrounding planters, will assist in keeping the decks level and the pool structure sound.
It is best to collect the water on the pool decks and route it a safe distance away from the pool, where they cannot flow back under the pool or decks. Deepened turn down footings around the edge of a patio slab will keep any irrigation water from flowing back under the slab through the base rock material.
This is why you need a soils report before embarking on the structural engineering design for a swimming pool.
Contact the author, Paolo Benedetti of Aquatic Technology Pool and Spa at: info@aquatictechnology.com or 408-776-8220. Visit his website at: www.aquatictechnology.com. All Contents © Aquatic Technology Pool & Spa, 2013. All rights reserved.
Wednesday, August 28, 2013
Obtaining swimming pool concrete cores
Obtaining concrete cores from a swimming pool, spa or watershape for the purpose of testing the in-situ (in place) strength requires expert witness supervision and adherence to sampling and testing standards.
Where to core
The locations on where to obtain the samples should be chosen to obtain a representative sample of the placed concrete. Areas where inexperienced shotcrete operators would allow the accumulation of rebound and trimmings should be tested. Walls and vertical surfaces should be tested as well, to ensure proper shotcrete placement and correct steel encapsulation.
Core size - Diameter & Length
The testing standards require that the ideal length to diameter (l/d) ratio should be 2, and in no instance less than 1. Therefore, if the shell is 12 inches thick, the core diameter should be 6 inches. An 8 inch thick shell would require a core diameter of 4 inches.
Equipment
The coring machine should be mounted to the surface or of such mass, that it does not move or allow the diamond core bit to wobble. Wobbling can impart stress into the core sample.
The core bit must be water cooled during the coring operation. This may saturate the outer surface of the core sample. However, in a swimming pool that has been in place for a period of time, the shotcrete may already be fully saturated.
Reinforcement Encapsulation
A few cores should be taken through the steel reinforcement, in order to verify the complete encapsulation of the reinforcement. Hollow pockets from shaddowing and honeycombs are a common occurrences in inferior shotcrete.
If improper contact lap splices were used when installing the reinforcement steel, then particular attention should be paid to these areas. The large mass of bars frequently causes honeycombs behind these splices.
Cores containing reinforcement should not be relied upon to evaluate the in-situ strength of the concrete.
Test Results
ACI 318-08, Section 5.6.3.4, specifies two criteria that must be met for accepting the strength of in place concrete (fc' = specified strength of the concrete):
1) the average of any three consecutive strength tests equals or exceeds 85% of fc';
AND
2) No individual strength test shall fall below 75% of fc'.
In other words, the average of THREE CONSECUTIVE tests must meet or exceed 85% of fc' AND the strength of every sample must be at least 75% of fc'.
These lower acceptable margins are due to the inconsistent and unreliable development of concrete's strength in-situ. In contrast, poured cylinders that are prepared as samples of the delivered concrete, are water cured under controlled conditions, and therefore expected to develop higher strengths (ACI 318-08, Section 5.6.3.3).
Contact the author, Paolo Benedetti of Aquatic Technology Pool and Spa at: info@aquatictechnology.com or 408-776-8220.
Visit his website at: www.aquatictechnology.com.
All Contents © Aquatic Technology Pool & Spa, 2013.
No portions of this blog may be reproduced or re-posted without the expressed written consent of Aquatic Technology.
Where to core
The locations on where to obtain the samples should be chosen to obtain a representative sample of the placed concrete. Areas where inexperienced shotcrete operators would allow the accumulation of rebound and trimmings should be tested. Walls and vertical surfaces should be tested as well, to ensure proper shotcrete placement and correct steel encapsulation.
Core size - Diameter & Length
The testing standards require that the ideal length to diameter (l/d) ratio should be 2, and in no instance less than 1. Therefore, if the shell is 12 inches thick, the core diameter should be 6 inches. An 8 inch thick shell would require a core diameter of 4 inches.
Equipment
The coring machine should be mounted to the surface or of such mass, that it does not move or allow the diamond core bit to wobble. Wobbling can impart stress into the core sample.
The core bit must be water cooled during the coring operation. This may saturate the outer surface of the core sample. However, in a swimming pool that has been in place for a period of time, the shotcrete may already be fully saturated.
Reinforcement Encapsulation
A few cores should be taken through the steel reinforcement, in order to verify the complete encapsulation of the reinforcement. Hollow pockets from shaddowing and honeycombs are a common occurrences in inferior shotcrete.
If improper contact lap splices were used when installing the reinforcement steel, then particular attention should be paid to these areas. The large mass of bars frequently causes honeycombs behind these splices.
Cores containing reinforcement should not be relied upon to evaluate the in-situ strength of the concrete.
Test Results
ACI 318-08, Section 5.6.3.4, specifies two criteria that must be met for accepting the strength of in place concrete (fc' = specified strength of the concrete):
1) the average of any three consecutive strength tests equals or exceeds 85% of fc';
AND
2) No individual strength test shall fall below 75% of fc'.
In other words, the average of THREE CONSECUTIVE tests must meet or exceed 85% of fc' AND the strength of every sample must be at least 75% of fc'.
These lower acceptable margins are due to the inconsistent and unreliable development of concrete's strength in-situ. In contrast, poured cylinders that are prepared as samples of the delivered concrete, are water cured under controlled conditions, and therefore expected to develop higher strengths (ACI 318-08, Section 5.6.3.3).
Contact the author, Paolo Benedetti of Aquatic Technology Pool and Spa at: info@aquatictechnology.com or 408-776-8220.
Visit his website at: www.aquatictechnology.com.
All Contents © Aquatic Technology Pool & Spa, 2013.
No portions of this blog may be reproduced or re-posted without the expressed written consent of Aquatic Technology.
Friday, August 23, 2013
Pool Expert Witness analyzes aqua azul colored glass tile mosaic failure
Swimming Pool Construction Defect Expert Witness analyzes aqua azul colored glass tile mosaic installation failure.
Something for nothing? Never!
A homeowner in Los Angeles, CA got competitive bids to line his swimming pool with aqua azul colored glass tile mosaics. The average price for ONLY THE INSTALLATION was $75 per square foot. The cost of the tiles would be extra.
However, one company proposed to supply their own aqua azul colored glass tile mosaics and install them for around $20 per square foot.
Hmmm... multiple companies provided bids that averaged $75 per square foot (labor and setting materials only) and this company was going to provide and install the tiles for only $20 per square foot?
Remember, there is a sucker born every minute! You don't get something for nothing!
Poor Quality Glass Tile Mosaics
Yes, there is a difference in the quality of glass. Most cheap imported glass tile mosaics from Asia are formulated with recycled glass of unknown origin. This bastardized blend results in many kinds of glass with different expansion indexes. Under the slightest change in temperature (sunlight or heating a spa) and the different formulations of glass will expand at different rates. And, you guessed it, they will crack.
This company promoted their glass as being inexpensive because they cut out the middleman and imported container loads directly from Asia.
Poor quality glass is poor quality glass, no matter where it's from. The contractor did not care, nor were they even educated as to the science of glass.
Click on the image to see the cracked aqua azul glass tile mosaics up close.
Deficient Installation Instructions
The Asian manufacturer of the aqua azul colored glass tile mosaics did not even supply installation instructions that complied with ANY published trade standard. Their instructions did not recommend any compatible thinsets or grouts. They made no mention of the requirement for waterproof membranes. No Tile Council of North America (TCNA) product analysis or testing were provided or available.
Their instructions said to merely mix by hand, a blend of white cement and sand. They stated to set the tile directly onto the concrete pool shell. No leveling mortar bed and no waterproof membrane was specified.
TOTAL Disregard of Industry Standards
The low ball contractor then merely followed the manufacturer's instructions, and set the tiles directly onto the concrete shell. In some instances, they merely set the tiles on top of the old pool plaster.
No leveling bed or waterproof membrane was installed. The tiles varied in appearance because of the variances in the underlying layer. The tiles were not level and undulated across the walls and floor.
Click on either image to enlarge them, so that you can view this abortion up close.
No movement joint was installed below the coping stones. The gap that was supposed to be filled with a flexible material was instead filled with grout. When the coping exerted stress upon the tiles from thermal expansion, the energy was transferred into the tiles.
Click on an image to enlarge the cracks!
Whose to Blame?
Legally, the contractor is ultimately responsible for the poor quality aqua azul colored glass mosaic tiles and the inferior workmanship. There is absolutely NO EXCUSE for ignoring the published trade standards regarding the proper installation of glass tile mosaics in a swimming pool.
A waterproof membrane is a "no brainer." They are required in shower pans and showers are only wet for a few minutes at a time. Swimming pools are full of water 24/7 and 365 days a year!
Greedy?
The property owner is to blame as well.
They were simply GREEDY and CHEAP. They wanted something for nothing. They wanted the look of the expensive glass tile mosaics without the associated price of doing it correctly.
Lazy?
The property owner did not do their due diligence. The search engine GOOGLE would have revealed that the contractor left Arizona, when their contractors license was REVOKED by the State of Arizona. At the time, the State of California Contractor's Licensing Board records showed disciplinary actions and sanctions. On-line reviews of the firm indicated that they were unscrupulous.
Yet the property owner hired them any way. What a deal! What an idiot!
Click on the image to enlarge the delaminating tiles.
Instead they ended up with a nightmare. But, they really got what they deserved. This contractor and this property owner were made for each other.
Contact the author, Paolo Benedetti of Aquatic Technology Pool and Spa at: info@aquatictechnology.com or 408-776-8220.
Visit his website at: www.aquatictechnology.com.
All Contents © Aquatic Technology Pool & Spa, 2013.
No portions of this blog may be reproduced or re-posted without the expressed written consent of Aquatic Technology.
Something for nothing? Never!
A homeowner in Los Angeles, CA got competitive bids to line his swimming pool with aqua azul colored glass tile mosaics. The average price for ONLY THE INSTALLATION was $75 per square foot. The cost of the tiles would be extra.
However, one company proposed to supply their own aqua azul colored glass tile mosaics and install them for around $20 per square foot.
Hmmm... multiple companies provided bids that averaged $75 per square foot (labor and setting materials only) and this company was going to provide and install the tiles for only $20 per square foot?
Remember, there is a sucker born every minute! You don't get something for nothing!
Poor Quality Glass Tile Mosaics
Yes, there is a difference in the quality of glass. Most cheap imported glass tile mosaics from Asia are formulated with recycled glass of unknown origin. This bastardized blend results in many kinds of glass with different expansion indexes. Under the slightest change in temperature (sunlight or heating a spa) and the different formulations of glass will expand at different rates. And, you guessed it, they will crack.
This company promoted their glass as being inexpensive because they cut out the middleman and imported container loads directly from Asia.
Poor quality glass is poor quality glass, no matter where it's from. The contractor did not care, nor were they even educated as to the science of glass.
Deficient Installation Instructions
The Asian manufacturer of the aqua azul colored glass tile mosaics did not even supply installation instructions that complied with ANY published trade standard. Their instructions did not recommend any compatible thinsets or grouts. They made no mention of the requirement for waterproof membranes. No Tile Council of North America (TCNA) product analysis or testing were provided or available.
Their instructions said to merely mix by hand, a blend of white cement and sand. They stated to set the tile directly onto the concrete pool shell. No leveling mortar bed and no waterproof membrane was specified.
TOTAL Disregard of Industry Standards
The low ball contractor then merely followed the manufacturer's instructions, and set the tiles directly onto the concrete shell. In some instances, they merely set the tiles on top of the old pool plaster.
No leveling bed or waterproof membrane was installed. The tiles varied in appearance because of the variances in the underlying layer. The tiles were not level and undulated across the walls and floor.
No movement joint was installed below the coping stones. The gap that was supposed to be filled with a flexible material was instead filled with grout. When the coping exerted stress upon the tiles from thermal expansion, the energy was transferred into the tiles.
Whose to Blame?
Legally, the contractor is ultimately responsible for the poor quality aqua azul colored glass mosaic tiles and the inferior workmanship. There is absolutely NO EXCUSE for ignoring the published trade standards regarding the proper installation of glass tile mosaics in a swimming pool.
A waterproof membrane is a "no brainer." They are required in shower pans and showers are only wet for a few minutes at a time. Swimming pools are full of water 24/7 and 365 days a year!
Greedy?
The property owner is to blame as well.
They were simply GREEDY and CHEAP. They wanted something for nothing. They wanted the look of the expensive glass tile mosaics without the associated price of doing it correctly.
Lazy?
The property owner did not do their due diligence. The search engine GOOGLE would have revealed that the contractor left Arizona, when their contractors license was REVOKED by the State of Arizona. At the time, the State of California Contractor's Licensing Board records showed disciplinary actions and sanctions. On-line reviews of the firm indicated that they were unscrupulous.
Yet the property owner hired them any way. What a deal! What an idiot!
Instead they ended up with a nightmare. But, they really got what they deserved. This contractor and this property owner were made for each other.
Contact the author, Paolo Benedetti of Aquatic Technology Pool and Spa at: info@aquatictechnology.com or 408-776-8220.
Visit his website at: www.aquatictechnology.com.
All Contents © Aquatic Technology Pool & Spa, 2013.
No portions of this blog may be reproduced or re-posted without the expressed written consent of Aquatic Technology.
Expert Witness, Watershape Consulting & Swimming Pool Construction
How to contact us
We frequently receive inquiries through this blog's comment form, seeking construction advice or designer/builder referrals. We cannot respond to comments made through the blog, as we are not provided with your contact information.
Please use the email address posted in the footer for inquiries, permission to re-post the contents of this blog or for hiring Paolo Benedetti for swimming pool design, construction or expert witness work.
Contact the author, Paolo Benedetti of Aquatic Technology Pool and Spa at:
info@aquatictechnology.com or 408-776-8220.
Or visit his website at: www.aquatictechnology.com
All Contents © Aquatic Technology Pool & Spa, 2013.
No portions of this blog may be reproduced or re-posted without the expressed written consent of Aquatic Technology.
We frequently receive inquiries through this blog's comment form, seeking construction advice or designer/builder referrals. We cannot respond to comments made through the blog, as we are not provided with your contact information.
Please use the email address posted in the footer for inquiries, permission to re-post the contents of this blog or for hiring Paolo Benedetti for swimming pool design, construction or expert witness work.
Contact the author, Paolo Benedetti of Aquatic Technology Pool and Spa at:
info@aquatictechnology.com or 408-776-8220.
Or visit his website at: www.aquatictechnology.com
All Contents © Aquatic Technology Pool & Spa, 2013.
No portions of this blog may be reproduced or re-posted without the expressed written consent of Aquatic Technology.
Thursday, August 22, 2013
Swimming Pool Expert Witness - What to expect
What to expect when hiring a Swimming Pool Expert Witness for Litigation - You're going to Court.
When an attorney hires the expert
Sometimes, a law firm retains the services of an expert witness. This is a strategic move that is exercised when the case involves a lot of unknowns. If there exists uncertainty as to the validity of a claim or if the expert may reveal liability on the part of the client, this is usually a smart move.
By having a law firm hire the expert witness directly, anything generated by the expert witness becomes the "work product of the attorney" and is usually not subject to discovery.
A word of caution. In this instance, a smart opposing attorney will know that not every work product of the expert witness was disclosed. They will spend a lot of time and effort, questioning the experts findings, opinions and conclusions. The expert must answer these probing questions under oath. Items that were not disclosed may be revealed anyway.
Truly Objective Experts
Sometimes the client's case cannot be supported by the expert witness's analysis. The expert witness must "tell it like it is," regardless if the outcome is positive. Do not expect an expert witness to lie or twist the truth, merely because you are paying the bills.
Expect the cards to fall where they may. This is another reason why having a law firm hire the experts may be a good idea. Information detrimental to the client's case would not have to be revealed.
Expert Witness Referral Firm
Do you really need the services of an expert witness referral firm? Probably not. Some of these firms maintain control of the invoicing for the expert witness's services. They add a surcharge to the expert's invoices before forwarding their own invoice for payment. If your attorney has hired the expert witness, expect the law firm to also add a mark-up to the invoice. Padding on top of padding!
Other referral services charge the expert witness a "finders fee" for each case referral. The expert is going to recover this fee somehow - either through inflated fees, surcharges, overhead or other hidden expense.
With the advent of internet search engines, it is very easy to locate, research the background of and directly hire your own expert witness. After all, isn't that how you found this blog?
Open Book or Case Initiation Fee
Most expert witnesses charge an "open book" or "case initiation" fee. This fee is the cost to hire and lock-up the expert as your expert, so that the opposing party cannot hire them. Some smart law firms hire every decent expert witness that is available, merely to prevent the opposing party from hiring them. After receipt of this payment, the expert witness is said to have been retained.
This also gives you the right to name those experts as your experts, whether you intend on using their services or not. Sometimes, cases settle just because one side has retained the best experts available.
This fee is not applied to any work product. It is only for the right to name that expert as yours.
Retainer
Expect a contract that requires a retainer (deposit) against which work is invoiced. Just like an attorney, an expert witness bills by the hour for everything that they do for your case.
The worst cases drag on for years, and the expert is entitled to be paid as their work progresses. Periodically recharging a retainer and billing against that deposit, ensures that the expert is paid promptly.
Case Materials
The expert is required to read every document that is provided to them. Oftentimes, many duplicates of the same documents are submitted from different sources.
Duplicate documents must still be reviewed to ensure that they are exactly the same. Everything must be cataloged and archived for later retrieval. Binders of materials are assembled and tabbed as to their origin or source. Digital photographs must be printed and assembled into an album.
Project Evaluation
The expert may require the support of other specialized experts to determine if standards and specifications were adhered to. These experts will be an additional charge.
Such specialized experts may include a material testing laboratory, forensic materials scientist, soils engineer or geologist or structural engineer. These specialists can assist in determining if various aspects of the project were sufficient for their designed purpose.
Standby and Reimbursables
The time the expert spends on your case, is time that they cannot bill another client or project. This is called "opportunity cost." The expert has lost the opportunity to sell that time or resources to another client. Time spent traveling to and from site inspections, airline flights and time spent sitting in court rooms waiting are examples of lost opportunities. The expert cannot be working on other projects - it is unrecoverable time.
"Standby time" is when the expert is required to be available for depositions, court hearings or teleconferences on a moments notice. This usually requires that they remain near a phone and be committed to having a minimum response time. Since they cannot go about their normal course of business unfettered and without restriction, there is usually an hourly fee associated with "being on stand-by." You have consumed their ability to focus 100% on another project. Because the expert can do "busy work" while on standby, standby time is usually billed at a reduced hourly rate. While not common, standby time does occur on occasion.
Expect to be charged for overhead, administrative and reimbursable expenses. Airline tickets, hotels, meals, duplication expenses, overnight shipping, photo printing, CD/DVD duplication and CAD drafting are all examples of reimbursable expenses. Vehicle mileage is another example of a reimbursable overhead.
Administrative support, which is billed at a lower hourly rate than the expert doing it themselves, is an economical method of completing work for the client.
Contact the author, Paolo Benedetti of Aquatic Technology Pool and Spa at: info@aquatictechnology.com or 408-776-8220.
Visit his website at: www.aquatictechnology.com.
All Contents © Aquatic Technology Pool & Spa, 2013.
No portions of this blog may be reproduced or re-posted without the expressed written consent of Aquatic Technology.
When an attorney hires the expert
Sometimes, a law firm retains the services of an expert witness. This is a strategic move that is exercised when the case involves a lot of unknowns. If there exists uncertainty as to the validity of a claim or if the expert may reveal liability on the part of the client, this is usually a smart move.
By having a law firm hire the expert witness directly, anything generated by the expert witness becomes the "work product of the attorney" and is usually not subject to discovery.
A word of caution. In this instance, a smart opposing attorney will know that not every work product of the expert witness was disclosed. They will spend a lot of time and effort, questioning the experts findings, opinions and conclusions. The expert must answer these probing questions under oath. Items that were not disclosed may be revealed anyway.
Truly Objective Experts
Sometimes the client's case cannot be supported by the expert witness's analysis. The expert witness must "tell it like it is," regardless if the outcome is positive. Do not expect an expert witness to lie or twist the truth, merely because you are paying the bills.
Expect the cards to fall where they may. This is another reason why having a law firm hire the experts may be a good idea. Information detrimental to the client's case would not have to be revealed.
Expert Witness Referral Firm
Do you really need the services of an expert witness referral firm? Probably not. Some of these firms maintain control of the invoicing for the expert witness's services. They add a surcharge to the expert's invoices before forwarding their own invoice for payment. If your attorney has hired the expert witness, expect the law firm to also add a mark-up to the invoice. Padding on top of padding!
Other referral services charge the expert witness a "finders fee" for each case referral. The expert is going to recover this fee somehow - either through inflated fees, surcharges, overhead or other hidden expense.
With the advent of internet search engines, it is very easy to locate, research the background of and directly hire your own expert witness. After all, isn't that how you found this blog?
Open Book or Case Initiation Fee
Most expert witnesses charge an "open book" or "case initiation" fee. This fee is the cost to hire and lock-up the expert as your expert, so that the opposing party cannot hire them. Some smart law firms hire every decent expert witness that is available, merely to prevent the opposing party from hiring them. After receipt of this payment, the expert witness is said to have been retained.
This also gives you the right to name those experts as your experts, whether you intend on using their services or not. Sometimes, cases settle just because one side has retained the best experts available.
This fee is not applied to any work product. It is only for the right to name that expert as yours.
Retainer
Expect a contract that requires a retainer (deposit) against which work is invoiced. Just like an attorney, an expert witness bills by the hour for everything that they do for your case.
The worst cases drag on for years, and the expert is entitled to be paid as their work progresses. Periodically recharging a retainer and billing against that deposit, ensures that the expert is paid promptly.
Case Materials
The expert is required to read every document that is provided to them. Oftentimes, many duplicates of the same documents are submitted from different sources.
Duplicate documents must still be reviewed to ensure that they are exactly the same. Everything must be cataloged and archived for later retrieval. Binders of materials are assembled and tabbed as to their origin or source. Digital photographs must be printed and assembled into an album.
Project Evaluation
The expert may require the support of other specialized experts to determine if standards and specifications were adhered to. These experts will be an additional charge.
Such specialized experts may include a material testing laboratory, forensic materials scientist, soils engineer or geologist or structural engineer. These specialists can assist in determining if various aspects of the project were sufficient for their designed purpose.
Standby and Reimbursables
The time the expert spends on your case, is time that they cannot bill another client or project. This is called "opportunity cost." The expert has lost the opportunity to sell that time or resources to another client. Time spent traveling to and from site inspections, airline flights and time spent sitting in court rooms waiting are examples of lost opportunities. The expert cannot be working on other projects - it is unrecoverable time.
"Standby time" is when the expert is required to be available for depositions, court hearings or teleconferences on a moments notice. This usually requires that they remain near a phone and be committed to having a minimum response time. Since they cannot go about their normal course of business unfettered and without restriction, there is usually an hourly fee associated with "being on stand-by." You have consumed their ability to focus 100% on another project. Because the expert can do "busy work" while on standby, standby time is usually billed at a reduced hourly rate. While not common, standby time does occur on occasion.
Expect to be charged for overhead, administrative and reimbursable expenses. Airline tickets, hotels, meals, duplication expenses, overnight shipping, photo printing, CD/DVD duplication and CAD drafting are all examples of reimbursable expenses. Vehicle mileage is another example of a reimbursable overhead.
Administrative support, which is billed at a lower hourly rate than the expert doing it themselves, is an economical method of completing work for the client.
Contact the author, Paolo Benedetti of Aquatic Technology Pool and Spa at: info@aquatictechnology.com or 408-776-8220.
Visit his website at: www.aquatictechnology.com.
All Contents © Aquatic Technology Pool & Spa, 2013.
No portions of this blog may be reproduced or re-posted without the expressed written consent of Aquatic Technology.
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