Challenge
The owner of a high-rise senior housing and skilled nursing facility believed
its new building had life-safety and construction defects, including fire-separation
walls with unprotected duct and pipe penetrations and drywall in duct
shafts that did not meet code requirements. In response to those complaints,
the building’s general contractor hired IMA to determine whether
the owner’s claims were valid, as well as whether the built conditions
conformed to contract documents and whether the construction met industry
standards for a senior residential community that provides personal and
skilled nursing care.
The building, constructed in 1995, featured a complex architectural
design that was subject to approvals by multiple jurisdictions, including
the city of San Francisco and California’s Office of Statewide
Health Planning and Development.
Solution
IMA investigated the plaintiff’s (owner’s) claims and as-built
conditions and found fire-safety problems such as unsealed pipe penetrations
through fire-rated walls, nonoperational fire alarm systems, and at
least one fire damper that did not close properly. As a result, IMA
developed a defense-for-claim resolution that limited the claim to defects
affecting life safety, included methods for remedying those defects,
and estimated reasonable repair costs.
In the case of other defect claims, which involved wood finishes, sink
counters, and kitchen cabinets, IMA demonstrated that in most cases
the elements cited either met or exceeded industry standards. In the
few cases where they did not, the parties either dropped the issue or
reached an equitable settlement through mediation.
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