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The following is an excerpt from an Interface Consulting work product issued for use in litigation, arbitration, or mediation (dispute resolution). Names, dates, and other information has been modified for client confidentiality purposes.

 

Wallis ISD v. Sunderland Construction Litigation

I. Introduction

Sunderland Construction, Inc. (Sunderland), entered into a contract dated April 6, 1998, with Wallis Independent School District (WISD) for the construction of Wallis High School and Wallis Primary School. Sunderland entered into various subcontract agreements with at least the following subcontractors to perform their respective scope of services as shown below:

 

Project Organization

 

Sunderland commenced work in….WISD filed a lawsuit against Sunderland as well as numerous other parties with respect to the construction of these schools alleging significant water damage to the interiors of the schools’ buildings as well as other alleged defective construction. WISD, through its attorney, hired Abel Consulting Engineers, Inc. (Abel), to evaluate the alleged defective work performed by Sunderland and or its subcontractors, determine the causes for the alleged defective work, recommend corrective measures to repair the alleged defective work, and assign responsibility for the alleged defective work.

WISD, also through its attorney and in support of Chambers, retained Highland Consulting (Highland) to perform water intrusion testing. On September 25, 2006, Highland issued its report.

Finally, WISD, through its attorney, hired Hamilton Construction (Hamilton) to provide an estimate of exterior/interior repairs for Wallis High School and Wallis Primary School based on the Chambers Condition Investigation report issued on....

Interface Consulting was asked to evaluate the conditions of the building, evaluate the Chambers report, comment of the validity of the conclusions Chambers made in his report, as well as evaluate responsibility for the defective construction....

 

II. Evaluation of WISD's High School and Primary School Buildings

II.A. Conditions of the Project Based on the Chambers Report and Interface Consulting Comments

...

II.A.1. Project Site

Chambers made no comments regarding discrepancies on the site with the exception of....

II.A.2. Roof and Parapets

The composition of the two buildings’ roofs is modified bitumen with granular surfaces and modified bitumen base flashing. The roofs contain....

II.A.3. Flashing

Chambers discusses various building flashing components within his report. The first comment about the flashing on the building involves the foundation flashing at the brick lugs in the perimeter of the buildings. He states that....

II.A.4. Exterior Walls and Soffits

...

II.A.5. Exterior Storefront and Doors

The typical windows were constructed of fixed aluminum storefronts. The exterior doors are hollow steel doors. There are indications that certain storefront windows and doors (both storefront and hollow metal) leak....

II.A.6. Interior

 

II.B. Evaluation of Repair Costs

Hamilton provided a revised preliminary estimate of interior/exterior repair for the Wallis High School and Wallis Primary School on....We have evaluated Hamilton’s cost estimate and accept its costs as reasonable with certain exceptions. The discrepancies we note include certain items of work that are the result of a lack of maintenance by WISD and/or items of work that are not required. Further....

II.B.1. Site Work

We disagree with Chambers’s conclusion that the canopy is settling and cracking the pavement. However, as Chambers cites the architect and structural engineer as the responsible party, we have allocated this cost to the architect.

II.B.2. Roof and Parapets

...

II.B.3. Flashing

The repair of the foundation flashing should not be undertaken as there is no indication that the current flashing is defective....

II.B.4. Exterior Walls and Soffits

...

II.B.5. Exterior Storefront and Doors

There are indications that certain storefront windows and doors (both storefront and hollow metal) leak....

II.B.6. Interior

In the interior spaces, the masonry blocks have experienced as much expansion and contraction as they will likely experience; therefore....

We have tabulated the following costs of this masonry work priced by Hamilton and allocated this cost to WISD.

 

Interior Summary

 

Continuing with the building interior inspection....

 

III. Summarization of Cost Allocation

Hamilton’s costs are apportioned below regarding who we determined to be the responsible party....

III.A. Summary of Hamilton’s Estimate Cost Allocations

The following table summarizes the cost allocation of the Hamilton estimate as we determined responsibilities. We distributed the cost to the appropriate subcontractor or to the architect, based on who we believed to be responsible. As stated above, though the architect may not be responsible for the cost of the defect for which it is responsible, our conclusion is that....

 

Allocation of Costs

 

III.B. Additional Allocation of Costs

There are certain repair costs that we believe are necessary, but have disputed the value as excessive. There are also....

III.C. Total Allocation

In conclusion, the following table summarizes our complete allocation of cost for alleged repairs at Wallis High School and Primary School in Wallis, Texas....

 

IV. Signature

...

 

V. Exhibits

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