Beyond the Building Code: A Forensic Approach to Construction Defect Evaluation Utilizing the Construction Variance Evaluation Methodology

Abstract

The applicable building code provides prescriptive specifications that allow construction of the built environment without the need for design professionals to dictate every aspect of every project; however, the building code does not consider all available materials, designs, and/or methods of construction — nor does it consider possible alternatives or construction variances. Since there is more than one way to accomplish a goal, a forensic investigation should consider the intent and purpose of a prescriptive specification (i.e., the desired performance) in order to determine whether an as-built construction variance is capable of accomplishing the same without adversely affecting a structure. This paper will explore the installation of cement plaster veneer and manufactured window assemblies to demonstrate how construction variances can still meet the intent and purpose of applicable prescriptive specifications. As a result, a true forensic approach to construction defect evaluation should not blindly follow prescriptive specifications. Instead, it should employ engineering analysis and a practical method such as the construction variance evaluation methodology (CVEM) to consider the performance aspects of construction variances before concluding that such variances are construction defects.