Water Damage Woes: The Hidden Culprit Behind 70% of Construction Lawsuits

Water damage is a pervasive issue affecting buildings across the United States, from the tropical climates of Hawaii to the arctic conditions of Alaska, and from the humid Gulf Coast to the arid Sonoran Desert. This problem was highlighted by the U.S. Environmental Protection Agency's (EPA) Building Assessment Survey and Evaluation (BASE) study conducted between 1994 and 1998. The study assessed indoor air quality in 100 randomly selected public and private office buildings across ten U.S. climatic regions. The results were alarming: 85 percent of the buildings had experienced water damage at some point, and 45 percent had active leaks at the time of data collection, and ultimately, leading to 70% of construction lawsuits.

Health Risks of Dampness and Mold

Following the publication of a report by the Institute of Medicine (IOM), further research by the Lawrence Berkeley National Laboratory revealed that building dampness and mold significantly increase the risk of respiratory and asthma-related health issues by 30 to 50 percent. A joint study by the EPA and Berkeley Lab estimated that exposure to dampness and mold in homes was responsible for 4.6 million cases of asthma, accounting for 21 percent of the 21.8 million asthma cases in the U.S. at the time.

Litigation and Financial Impact

The financial implications of water damage are staggering. Although roofs constitute only 2 percent of construction costs, they are involved in more than 70 percent of construction litigation. The American Institute of Architects (AIA) points out that roof failures and their associated issues are often at the core of these legal disputes. The blame is typically distributed as follows: 60 to 70 percent on construction, 20 to 25 percent on design, and 10 percent on materials.

The Role of Roofs in Water Damage

Roofs, despite being a critical component of building structures, are often the weakest link when it comes to water intrusion. On average, roofs last only about half of their designed lifetime. They are the primary point of water entry, contributing to 40 percent of all building-related problems.

Conclusion

Water damage not only poses significant health risks but also leads to substantial financial and legal consequences. It is crucial for building owners, architects, and construction professionals to prioritize water intrusion prevention and roof maintenance to mitigate these risks. Understanding the impact of water damage and addressing the root causes can help reduce the prevalence of construction-related lawsuits and improve overall building health and safety.

For more insight, check out this article in Architect Magazine, made by the American Institute of Architects.

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