Toolbox Talk Series Recap: Preserving Evidence after Façade Failure

In the April 25, 2024, edition of Division 1's Toolbox Talk Series, David Schnerch, Senior Engineer and Building Science Specialist at RDH Building Science Inc., presented on preserving evidence after façade failure.

In the wake of a façade failure, preserving evidence is critical for understanding the root cause of an incident and determining liability. As covered by David's presentation, there are many ways to document conditions and preserve evidence, including:

1. Visual Documentation

According to David, visual documentation is often the primary means of documenting conditions. David highlighted three aspects of visual documentation he predominately sees in practice today: panoramic photography, computational photography, and construction cameras.

2. Spatial Documentation

David then discussed using Light Detection and Ranging ("LiDAR") and Photogrammetry to supplement visual documentation.

LiDAR is the process of capturing, mapping, and visualizing the 3D geometry of existing site infrastructure conditions.

Photogrammetry is a method of extracting 3D information from photographs. The process involves taking overlapping pictures of a structure and converting them into 2D or 3D digital models.

3. Vibration Data

According to David, vibration data is particularly needed in urban areas where facades are adjacent to new construction. Often, you can set up a seismograph before the construction activities begin and report the size and graph on a continuous basis. That way, you can monitor vibration levels during construction and verify whether the vibrations are occurring at or below a level that would be expected to cause damage.

4. Temperature and Humidity Analysis

In his practice today, David noted that they often use infrared cameras to determine the temperature of surfaces and infer moisture conditions below materials. He said infrared cameras can be particularly helpful in deciding where to make inspection openings in the façade.

5. Sample Collection

Lastly, David talked about how collecting samples is important for preserving evidence.  David acknowledged that although collecting samples can be costly and time-consuming, it is essential to collect enough to ensure you can say that you have a representative sample of the range of conditions on a structure.

In sum, there are various means for documenting conditions after a façade failure. David stressed the importance of not only thinking about why something occurred and who is responsible for it but also understanding other parties' hypotheses so you can obtain information to either prove or disprove those hypotheses.

Thank you to David for the valuable information and insight on preserving evidence after a façade failure.

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Author Michael Filbin is an associate attorney with Cozen O’Connor in Boston, Massachusetts. Michael is a part of Cozen O’Connor’s Construction group and represents owners, developers, contractors, and subcontractors in construction-related disputes. Michael can be contacted at mfilbin@cozen.com.

Editor Douglas J. Mackin is a construction attorney with Cozen O’Connor in Boston, Massachusetts. Douglas counsels owners, developers, contractors, and subcontractors in all phases of a construction project, from contract negotiation through to completion, including disputes, litigation and arbitration. Douglas can be contacted at dmackin@cozen.com.