Builder’s Risk Claims: How Forensic Engineers Bring Clarity Before the Dust Settles
Builder’s risk investigations often require quick mobilization, careful documentation, and technical interpretation. This overview outlines some of the unique challenges engineers face when evaluating damage in active construction environments and how those challenges shape the investigative process.
What Exactly Was Damaged? It’s Not Always Obvious
One of the first tasks in a Builder’s Risk investigation is determining what was actually affected. This might sound simple, but construction projects often involve overlapping scopes, ongoing changes, and evolving site conditions.
Take, for example, a building struck by strong winds. Structural damage might appear near an area where the foundation is already experiencing settlement. Was it the wind, or the soil? Or both? Similarly, in remodels or expansions, we’re often asked to separate damage to new construction from pre-existing issues in the original structure.
The forensic engineer for structural damage investigations can mitigate confusion using a variety of strategies, including:
- Conducting a site visit as early as practical, ideally, before repairs or significant progress obscures the original conditions
- Interviewing key personnel with firsthand knowledge
- Reviewing design changes, as-built drawings, and RFIs to compare design intent with observed conditions
- Identifying temporary construction elements (e.g., shoring, bracing) or adjacent phases that may have contributed to or influenced the damage
- Documenting stored materials or components and coordinating with other specialists when needed to address non-structural systems
Understanding exactly what was damaged helps ensure the investigation is based on observable site conditions and documented changes.
The Nature of the Damage: Understanding What May Require Repair or Replacement
Not all damage is visible. Sure, you might see cracked beams or displaced framing—but what about a structural element that looks fine but no longer performs to standard?
Damage can be understood as any non-recoverable change from the pre-loss condition. That includes diminished load capacity or compromised materials that still look intact. The key question becomes: is the component potentially compromised in a way that merits further evaluation for repair or replacement, in line with standard industry practices?
To assess the nature of damage, the forensic engineer considers whether a competent professional would reasonably remove, repair, or replace the affected component based on customary practices in similar circumstances.
When Did the Damage Occur?
Builder’s Risk policies are time-sensitive. Pinpointing when damage occurred is critical to determining whether it's covered and who’s responsible.
Unfortunately, many losses aren’t discovered right away, and construction may continue before a forensic engineer is engaged. As a result, the conditions present at the time of damage may no longer be visible or accessible.
In some cases, multiple weather events or site changes can make it difficult to assign damage to a specific cause without careful reconstruction of the project timeline.
Case Study: Water Intrusion and Mold
An apartment complex under construction was left unattended for several days. Upon return, crews found interior finishes covered in microbial growth. The GC blamed a past wind event that allegedly damaged the roof. But there was no documentation. Our inspection found incomplete cladding and poor drainage around roof scuppers. Drone footage confirmed four months of water exposure. The root causes weren’t from a single event—they were systemic.
To establish a damage timeline, the forensic engineer may consider:
- Interviews with site personnel
- Weather data
- Construction progress photos and drone imagery
- Whether construction progressed beyond the conditions that were present at the time of the suspected damage, which may obscure key indicators or complicate assessment
What Caused the Damage?
Sometimes, the cause is obvious. Other times, not so much.
While external events such as storms may initiate damage, contributing factors—like incomplete framing or undercured concrete—can influence the outcome and must be examined.
The forensic engineer’s role may include:
- Identifying whether the observed damage resulted from a single cause or multiple contributing factors, including those related to design, construction practices, or environmental conditions
- Understand if the causes are independent and unrelated or instead linked (like a domino effect)
- Test and refine hypotheses based on site data and project documents
Case Study: Displaced Concrete Basin Walls
During a water treatment plant expansion, concrete basins were constructed with joints designed to remain watertight using embedded PVC waterstops. These joints were expected to accommodate movement from shrinkage and temperature changes while resisting internal water pressure. However, when the basins were filled during leak testing, the walls displaced outward, resulting in permanent damage to both the wall panels and the waterstops.
While stakeholders agreed that a design deficiency contributed to the failure, some argued that the hydrostatic pressure during testing was an independent cause. The forensic engineer demonstrated that the design documents included performance criteria specifically requiring the system to withstand hydrostatic pressure. Therefore, the water pressure was not an unexpected external factor but rather a condition the design should have anticipated.
Further, although the displaced walls and damaged water stops could be viewed as separate consequences, the forensic engineer identified them as components of an integrated system. The evidence indicated that the failure stemmed from a single design-related deficiency rather than multiple unrelated causes.
The Hidden Complexity of Repairs
Often, repairs begin before the forensic engineer is even called. General contractors and building owners are typically motivated to resume work quickly in order to stay on schedule and limit financial exposure.
As a result, repairs may be completed—or at least initiated—before the underlying causes of the damage have been thoroughly assessed. Even well-intentioned repair efforts can alter, obscure, or remove key indicators of damage.
In these scenarios, it can be more challenging for the forensic engineer to determine the full extent and nature of the original conditions with confidence. Visual evidence may be missing, structural elements may have been replaced, and temporary conditions that contributed to the failure may no longer be present.
The forensic engineer’s job is to:
- Thoroughly document conditions during the initial site visit, including photographic records, field notes, and observations from key site personnel
- Annotate damage locations on construction drawings or other project documents to create a clear record of what was observed and where
- Coordinate with cost and scheduling experts to understand the impact of construction constraints—such as long-lead materials, permit requirements, code upgrades, or limited access due to ongoing work—on feasible repair options
Even when scope disputes arise outside our domain, the forensic engineer can support resolution by offering technical clarity.
The Value of Bringing in a Forensic Engineer Early
In Builder’s Risk investigations, time works against you. Site conditions can change quickly, and documentation may become harder to obtain over time. While a forensic engineer can contribute valuable insights at any stage, early involvement helps preserve critical information and allows for a more thorough assessment.
The forensic engineer may serve not only as an analyst but also as a technical advisor, supporting the client’s understanding of engineering aspects that may inform decisions related to coverage, liability, and project continuity.
Final Word: Get Ahead of the Damage
Builder’s Risk claims aren’t just about what broke. They’re about when, why, and how to fix it in the middle of a moving project. The forensic engineer contributes clarity early in the process when site conditions can be most accurately assessed.
Our forensic engineers at Envista bring clarity to complex claims.
Contact us to learn how our experts can support your investigation.
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