Construction Product Liability



Thousands of new products are introduced into the construction industry each year. These tools, equipment, and building components sometimes fail to meet expectations or industry standards for performance. In some cases, poor installation or misuse of these products can result in the appearance of product deficiencies which, in turn, may result in a product liability claim. Some workmanship claims may actually result from product failure.

KGA Services

KGA has investigated numerous building components that have been the subject of product liability claims. These components include windows, deck coatings, insulation, piping and framing hardware, as well as staging, scaffolding, and shoring. While maintaining a scientific and methodical approach, our investigation procedures are customized to the matter at hand. Our investigation process typically involves the following steps:

• Manufacturing Analysis
The performance failure of one component can render the entire system defective. Therefore, a comprehensive understanding of the manufacturing process is essential.











• Defect Manifestation Analysis

Evidence of deficiencies oftentimes manifests itself at different times or under different conditions. Time, ultraviolet radiation exposure, temperature, exposure to moisture, and handling between manufacturing and installation may all affect material performance and may provide key clues towards understanding the cause-and-effect relationship of a product failure.

• Installation Analysis
Workmanship that is not in compliance with applicable building codes, industry standards, and manufacturer's instructions can be misinterpreted as a product failure.

• Laboratory Analysis
Standards for material and component performance (i.e., ASTM, I.C.B.O. and other applicable Standards) provide a benchmark for testing and analysis.

 





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