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Publication Date: Friday, February 28, 2003

Construction crime Construction crime (February 28, 2003)

Firm investigates the scenes of shoddy building

by Mavis Noble

Pleasanton has a drama similar to the TV show "CSI: Miami." Instead of crime scene investigation, it's construction site investigation. The Pleasanton production spares us the blood and guts of forensic science because it focuses on the workings of forensic architecture: issues like dry rot, cracked foundations and water infiltration.

The star of "CSI: Pleasanton"? Walovich + Associates.

This 3-year-old architectural firm located on Hopyard Road specializes in forensic architecture and expert testimony in construction defect litigation. How does that translate into exciting drama?

"It's a fascinating process," says CEO and Principal Architect Fred Walovich. "The basic stages are discovery and site investigation into the alleged defects, construction expert exchange of information and findings, mediation, and, when all else fails, a jury trial."

"A law firm, on behalf of a client, retains the firm for our professional architectural and construction services," he says. "Our client may be a condominium homeowners' association or a project developer or general contractor. We listen to the client's complaint and investigate the validity of the claim, possibly building subsidence, structural damage or water damage from window or roof leaks."

"It's of critical importance that the parties engaged in the dispute have an accurate idea of what's wrong, how to repair the defect, and who is responsible to correct deficiencies," he adds.

Walovich says "the fun part" is next.

"Destructive testing is necessary to determine the cause, the extent of the damage and the best way to repair the defects," he says. "Building inspections are held on site for representatives from both sides of the complaint. The investigation includes destructive testing where walls and roofs may be cut open, windows dismantled, and siding or stucco removed and replaced."

Hours can be spent mucking through dark, smelly, water-damaged sites and thousands of pictures taken to document the conditions. The firm's construction experts, architects and contractors look for a variety of things in the same mess.

"We can find poorly manufactured products, improperly installed materials such as siding or roofing, design defects that can pose life and safety threats to the occupants and workmanship that was shoddy or rushed," Walovich explains. "All these can result in a substandard building that the owner was unaware of."

"The various deficiencies need to be documented, and a repair plan and cost estimate prepared," Walovich continues. "We identify responsible parties, such as a subcontractor or product manufacturer, determine the degree of financial exposure for each and then assist the attorneys in settling the lawsuit. Our goal is to provide clients with substantiated information and help them settle their case through mediation."

Sometimes the drama continues in the form of a trial. This is when Walovich trades in his construction hat and steel-toed shoes for a suit and wing tips.

"We provide expert witness testimony in cases that go do to trial," Walovich says.

When the dust has settled, reconstruction plans are formulated. "We look for innovative repairs and scheduling concepts to minimize remediation costs," Walovich says of his 15-employee firm.

In the Golden State of vast subdivisions, quickly built condos and multimillion-dollar mansions, Walovich, who lives in Kottinger Hills with his wife and three children, sees no end to contentious construction dramas.

Does he see Hollywood in his firm's future?

"Of course! I'm sure there are Hollywood homeowners in need of construction remediation," he says with a laugh.



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