
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.
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• 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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