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Principles of Forensic Structural Engineering: Timothy J. Dickson, P.E., S.E

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The key takeaways are that post-failure disputes involve putting all parties on notice to perform investigations, filing a complaint to notify the defendant, conducting discovery which involves investigations and interrogations by attorneys, and resolving through mediation/arbitration or trial.

The purpose of discovery in post-failure disputes is to allow all parties to conduct cause and origin investigations at the same time and for attorneys to use various techniques like interrogatories and depositions to reveal details of the claim from parties and experts.

The steps involved in alternate dispute resolution (mediation/arbitration) are that it provides an alternative to resolving disputes outside of a trial through facilitated negotiations between the parties to settle.

Principles of Forensic

Structural Engineering

Timothy J. Dickson, P.E., S.E.


Dickson-Schaefer, Ltd.

ISEA Spring Conference


March 2, 2017
Overview
• Definition of Forensic Engineering
• Methodology for Forensic
Investigations
• Case Studies of Structural Failures
• How Forensic Engineering
Information Is Used In Litigation
• Questions / Discussion
Definition

(Source: www.merriam-webster.com)
Who Needs This Service
• Attorneys
• Insurance Carriers
– Property
– Liability
• Building Owners
Typical Issues
• Collapse/Failure Analysis
• Construction Defects
– Construction Documents
– Building Code Requirements
– Industry Standards
• Design Errors
– Standard of Care
• Storm/Fire Damage Assessment
Historic Failures
• Hyatt Regency Walkway Collapse

(Source: Pfrang and Marshall, 1982)


Historic Failures
• Ronan Point Apartments

(Source: The Daily Telegraph, 1968)


Historic Failures
• Hartford Civic Center

(Source: Connecticut Historical Society)


Methodology for Investigation
• Visual Inspection
• Remote Visual Inspection
• Destructive Evaluation
• Load Testing and Instrumentation
• Non-Destructive Testing
• Material Testing
• Document Review
• Structural Analysis
• Report Preparation
Visual Inspection
• Always the first step of an
investigation
• Take all steps necessary to prevent
spoliation of evidence
• For collapse investigations, use the
final location of failed members to
provide evidence of the sequence of
events
• You can’t take too many photos
Visual Inspection
Remote Visual Inspection
• Borescope
– Rigid or flexible
– Good of looking inside walls
• Sewer cameras
– Readily available
• Unmanned flying vehicle
– Drones can be useful, but legal issues
currently make it very difficult
Remote Visual Inspection
Remote Visual Inspection
Destructive Evaluation
• Attempt to determine how components
of the building were constructed
• All interested parties need to be
present during destructive evaluation
• Beneficial to develop a protocol to
establish how the destructive
evaluation will be performed
• Document any evidence retained and
maintain a “Chain of Custody” log
Destructive Evaluation
Destructive Evaluation
Destructive Evaluation
Destructive Evaluation
Load Testing and Instrumentation
• ASTM E196 – Standard Practice for
Gravity Load Testing of Floors and
Low Slope Roofs
• ACI 318 Chapter 20 – Strength
Evaluation of Existing Structures
• ACI 437.2 – Code Requirements for
Load Testing of Existing Concrete
Structures
Load Testing and Instrumentation
• Due to high cost, usually a “last
resort” to evaluate structure
• Must determine how to safely apply
load
– Hydraulic jacks, water, air bags, etc.
• Must consider how to maintain
stability of structure if failure occurs
• Strain gages, extensometers,
LVDT’s, accelerometers, pressure
gages, load cells, etc.
Non-Destructive Testing
• Pachometers

(Photo courtesy of Proceq)

(Photo courtesy of Proceq)


Non-Destructive Testing
• Ground Penetrating Radar

(Photo courtesy of Proceq)


(Photo courtesy of Proceq)
Non-Destructive Testing
• Schmidt Hammer

(Photo courtesy of Proceq)


Non-Destructive Testing
• Ultrasonic Pulse Velocity

(Photo courtesy of Proceq)


Non-Destructive Testing
• Thermal Imaging
Non-Destructive Testing
• Thermal Imaging
Non-Destructive Testing
• Thermal Imaging
Non-Destructive Testing
• Thermal Imaging
Non-Destructive Testing
• 3D High-Density Scanning
– Method to accurately document the
configuration of an accident scene
– Point cloud create using laser scanner
– Allows for the development of computer
model of the scene
Non-Destructive Testing
• 3D High-Density Laser Scanning
Material Testing
• Determine actual material properties
as opposed to design properties
• More realistic results if actual
material properties are known
– Compressive strength
– Tensile Strength
• Petrographic Analysis
• Metallurgical Analysis
Material Testing
Material Testing
• Petrographic Analysis
– Microscopic Analysis of Concrete
Material Testing
• Metallurgical Analysis
Document Review
• Construction Documents
• Maintenance Records
• Reports By Other Experts
• Complaint Filed with a Court
• Includes Interviewing People
Involved
Structural Analysis
• 3D Computer Modelling
– Finite Element Analysis
• More realistic results if actual
material properties are known
• Different approach if trying to provide
analysis for failure rather than
investigating a code compliance
issue
Report Preparation
• Know your audience
• Use photographs or sketches effectively
• Be concise
• Present opinions in an organized
fashion
• Can be written in first person
• List references or information used to
develop opinions
Report Preparation
• Typical Report Sections
– Background Information
• Include the applicable Building Code
– Documents Reviewed
– Observations
– Discussion
– Conclusions
– Recommendations
How Forensic Information Is
Used In Litigation
• Examining the Nature of Post-Failure
Disputes
• Presenting Forensic Engineering
Information as an Expert Witness
Examining the Nature of Post-
Failure Disputes
• Putting Parties on Notice
– All parties must be given the opportunity to
perform their own cause and origin
investigation at the same time
• Filing of the Complaint
– Lawsuit is filed
– Notifies defendant of action and
opportunity to defend
– Lawyers work with Experts to respond
Examining the Nature of Post-
Failure Disputes
• Discovery
– Cause and origin investigations by all
parties at the same time
– Various technique by attorney to reveal
details of the claim
– Interrogatories
– Depositions of parties and experts
• Experts questioned about details in written
report
Examining the Nature of Post-
Failure Disputes
• Mediation/Arbitration
– Alternate dispute resolution
• Trial
– Rules of Evidence dictates evidence that
will be admissible at trial
Presenting Forensic Engineering
Information as an Expert Witness
• Expert Qualifications
– Daubert Standard
– “Junk Science”
– Established Rule 702
Presenting Forensic Engineering
Information as an Expert Witness
• Expert Qualifications
– Rule 702
• RULE 702. TESTIMONY BY EXPERT WITNESSES
• A witness who is qualified as an expert by knowledge, skill, experience,
training, or education may testify in the form of an opinion or otherwise
if:
• (a) The expert’s scientific, technical, or other specialized knowledge will
help the trier of fact to understand the evidence or to determine a fact
in issue;
• (b) The testimony is based on sufficient facts or data;
• (c) The testimony is the product of reliable principles and methods; and
• (d) The expert has reliably applied the principles and methods to the
facts of the case.
Presenting Forensic Engineering
Information as an Expert Witness
• Deposition Testimony
– Used to determine the qualifications and
opinions of the experts
– Occurs during the Discovery phase
– Testimony is given under oath
• Trial Testimony
– Expert does not have Attorney/Client
privilege
Questions/Discussion

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