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RE: Definition of Unstable

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I do not necessarily want answers to these questions until once it is settled. Consider them more as food for thought at this point.
Jim K.
-----Original Message-----
From: Caldwell, Stan [mailto:scaldwell(--nospam--at)]
Sent: Wednesday, July 28, 2004 3:53 PM
To: seaint(--nospam--at)
Subject: RE: Definition of Unstable

I would answer all of your questions if I could.  At this point, I cannot because:
1]    I am not free to openly discuss this case while the litigation is ongoing.  I don't want to accidentally become yet another defendant!
2]  I do not yet know the answers to many questions, including the nature and extent of the collapse, and whether it was related in any way to the engineers' observations. 
Ask me again in a few months and I should be able to tell all.
-----Original Message-----
From: Kestner, James W. [mailto:jkestner(--nospam--at)]
Sent: Tuesday, July 27, 2004 3:12 PM
To: seaint(--nospam--at)
Subject: RE: Definition of Unstable

Is it the engineer's responsibility to clearly explain all "engineering terms" in layman's terms in the report? Or is it the reader's responsibility to find out what it means?
Unfortunately, this may be what this dispute ultimately comes down to.
I find it interesting that all 3 engineers are being sued. It would seem that it would be difficult to make a case that each engineer did not meet the normal standard of care.
Why did the Owner hire 3 individual engineers to inspect the same situation? It seems likely that he not like the answer because it would cost money to fix the problem. Especially in light of the fact that he sold the building immediately thereafter. Using 2 engineers might be considered a second opinion but way.
Did he withhold the reports from the new Owner?
Jim K.
-----Original Message-----
From: Caldwell, Stan [mailto:scaldwell(--nospam--at)]
Sent: Monday, July 26, 2004 1:58 PM
To: SEAINT Listserv
Subject: Definition of Unstable

Once again, I find myself employed as an expert witness in the defense of a fellow structural engineer. 
A concrete tiltwall industrial building was constructed in 1976 and expanded in 1991.  Due primarily to differential heaving of expansive clay soils, the building suffered substantial distress over a period of many years.  By 1999, the distress had progressed to a point where the building owner brought in three separate structural engineers to observe the condition of the building.  All three engineers independently concluded that they observed significant structural problems and recommended further testing, repair and monitoring programs.  The owner apparently ignored these recommendations, and instead proceeded to sell the building to the tenant in 2000.  Less than a year later, the roof collapsed.  An insurance company subsequently paid a claim well in excess of $2 million, and is now subrogating against (suing) all three engineers.  The allegations principally are that the engineers:  (1) failed to include warnings about the immediate need for repairs, (2) failed to include warnings about life-safety issues, and (3) failed to report that collapse was imminent. 
Key Question:
The engineer that I am defending wrote a two-page report summarizing the observed damage and recommending specific repairs, tests, and monitoring.  Prior to a list of nine items, one key sentence reads:  "Please find listed below items that need to be completed immediately and prior to any other investigations."  In my opinion, this sentence directly refutes the first allegation.  Another key sentence reads:  "It is my opinion that the building is relatively unstable at this time with differential floor slab and wall panels movements noted."  In my opinion, this sentence indirectly refutes the third allegation because I consider an unstable building to be a building where the risk of potential collapse is imminent.  What I need to support this opinion is a good written definition of "unstable".  Preferably, I would like to be able to refer to a well-written paragraph in a widely recognized text or other reference.  Any suggestions?  
Stan R. Caldwell, P.E.
Dallas, Texas