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The climate of New England can vary significantly across the 500-mile (800 km) span from Northern Maine to southern Connecticut. In recent years, the
Many of New England’s
condominium buildings are sided with wood, vinyl, or cement composite clapboard
siding, or panel cladding material. For
the most part, when installed properly as part of a building envelope system, these
materials do a good job of keeping moisture out of the building. However, what is seen on the exterior is not
the only barrier. Another component of
exterior walls is the building wrap placed over the building sheathing, but
behind the visible siding material, often including a wind barrier, or as
warranted a water retention barrier.
There are also various types of flashing, which are thin pieces of
impervious material installed to prevent the passage of water into a structure
from a joint or as part of a weather resistant barrier system. The term weathertight, in construction
parlance, indicates the point in the building process to describe when a
structure is sheltered from the weather, where it must be wind and
watertight. The components necessary to
achieve this are part of the building envelope system, that includes all
components that separate the indoors from the outdoors of a building. The building envelope includes the entire
outer shell, including exterior walls, foundations, roof, siding, windows,
glazings, and doors. A successful
building envelope design should prevent air leaks and moisture intrusion
through an exterior wall by applying continuous air and moisture barriers to
manage water infiltration and accumulation.
Any defect in a building envelope system, even as simple as overlapping
a water protective membrane the wrong way, can have significant consequences
leading to building damage.
When property managers and
board members worry about weather-related water damage, they are likely
considering damage caused by flooding at the bottom of a building, or by a
leaky roof at the top. Balconies and
surface transitions can be particularly problematic. However, another peril that condominiums face
is the peril of wind-driven rain. Rain, by itself, falls vertically and can
result in damage to structures, but when wind is added to the mix, the horizontal
force propels water at the building exterior, and the risk of interior damage
can magnify. When wind-driven rain
intrudes into a building, it can result in leaks, water damage, and, ultimately,
rot and mold growth can follow. Structural
framing and sheathing can deteriorate and lose its integrity. As to interior units, water intrusion may
result in costly repairs to the flooring, walls, fixtures, finishes,
furnishings and other contents of a dwelling space, coupled with the loss of
its use during a period of repair.
The term “curb appeal”
exists for condominiums and condominium complexes. It provides a first impression, an
attention-grabbing detail or feature that makes a community appear like
somewhere to call home. This extends
beyond creating inviting landscapes to reflect the New England changing
seasons, but also extends to creative and often innovative design. There is a push to stand out, and architects
and developers seek out varying materials to make a building more alluring, create
appeal with different shapes and angles to create architectural interest, or in
some cases select systems that require very specific installation methods and
engineered building envelope designs to properly install. While innovation can add architectural
interest to a building, each angle or transition, or penetration through the
building envelope, and each transition or termination point, creates another
potential location for water intrusion.
As many of our clients have unfortunately realized, “cool designs” can
result in large water intrusion issues.
Another factor that cannot
be overlooked is workmanship.
Even with the best materials and specifications, if those materials are
installed incorrectly, the materials may not perform as intended. For this reason, the retention of properly
qualified tradesmen is important, but proper supervision and oversight is
required to ensure the work has been done adequately, so as to maintain a
building envelope free of sources of potential infiltration. Cutting corners at the time of construction
can lead to significant and widespread issues that need to be addressed. Construction
defects are a hallmark of any building boom, and what has been seen in New
England recently is no exception. While there may not be publicly available
numbers as to the frequency of such complaints, we see patterns in our practice
that involve latent defects that typically spring up within the first several
years after construction is completed.
Regardless of who is
initially responsible, water intrusion is one of the most common sources of
reactive headaches and hassles for building owners, managers, and residents.
Despite major advances in building materials and construction methods, these
issues persist, and building envelope systems are tested by New England’s wind
driven rains. There are potential risks that the boards and managers of communities
can reduce by being proactive.
1. Some insurance policies exclude wind-driven
rain as it is not a specifically listed peril. Other policy forms limit coverage for wind-driven
rain claims if there is no associated physical damage to
the building envelope.
Some insurers offer specific wind-driven rain endorsements. Notably, wind-driven rain is not covered
within flood coverage. It is wise for a
community’s representatives to consult an insurance broker regarding available
coverage.
2.
As part of a preventative maintenance
plan, consider a property condition assessment to survey and evaluate the
condition of the building envelope.
3.
The property manager should
conduct periodic inspections several times each year designed to track warning
signs such as ponding on roofs, efflorescence, cracks in brickwork or coatings,
openings in joints, staining, surface deterioration, and other signs of water
infiltration.
4.
The property manager or
board should also periodically survey condominium residents about any moisture
in individual units. To the extent there is moisture, an assessment may be
necessary to ascertain whether it is being generated from the common areas.
5.
Where water intrusion is identified,
do not ignore or underestimate the potential problem, or employ short-sighted
shortcut repairs.
6. Water infiltration investigations must
occur through a case-by-case, location-by-location process, with no exact
formula. Issues with wind-driven rain
can be particularly hard to pinpoint as the leaks are often identified at
locations closer to ground level than the infiltration point.
7.
Conclusively determine the origin and
cause. A leak can start from an opening as small as a pinhole, and
left unrepaired, can develop over time into a significant and costly problem,
even passing through penetrate through layers of wood, concrete, brick, steel,
or insulation. Never assume the water
intrusion is isolated to one location when similar locations may have been
constructed similarly, with the same design or workmanship errors.
8. Where multiple leaks are identified, retain a building
envelope consultant to determine if leaks are localized, or systemic. It is often far more cost-effective to bring
in an expert at the outset and determine what is really going on, how
widespread the issue is, and how to properly address it.
A community’s repair budget,
and an evaluation of the severity of the leak, as well as its location may help
determine the plan of action. In cases where a community is working with
limited funds and the leak can be pinpointed with relative certainty, it may
make sense to go ahead and effectuate repair rather than incur expert costs;
however, if the problem is systemic, a community should be prepared to deal
with it through a systemic approach. Often,
there is no quick or inexpensive fix for water intrusion. In the event that a systemic issue is identified,
condominium communities should consider repair and replacement options. By example, when flashings or wind and water
barriers were not installed correctly, they need to be reinstalled properly to
correct the defective condition.
However, if doors and windows were not installed properly, a replacement
may not be necessary; sometimes, depending on the condition of materials, a proper
re-installation may be sufficient.
Water damage claims
involving condominium complexes are on the rise. While proactive and reactive measures can
prove to be expensive, it is less costly for a community to be proactive than it
can be to deal with the damage water intrusion can do to buildings, to the
personal property, health of residents, and to the finances of a condominium
community.
Chris is an associate in the
litigation department of the Quincy-headquartered firm of Moriarty Bielan &
Malloy LLC. He represents a variety of
clients, including homeowners, building owners, general contractors. Prior to becoming
a member of the bar, Chris spent nearly a decade working as a residential
contractor on oceanfront and historic homes. He maintains an unrestricted
Massachusetts Construction Supervisor’s License, and he has received OSHA
Construction Safety training. Chris’s email address is cgreeley@mbmllc.com.
