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INFORMATION BUILDING DEFECTS
Citation preview
REPORT ON
LEAKING PROBLEMS at PALACE LOFTS CONDOMINIUM UNIT 3L
Case Number:10CV5868
Claim Number: AE15695
M+S File Number: 32.10087
PJCKN File Number: 20154-21084
K.S. Leutenegger Trust v. Palace Lofts Condominium Association/West Star Management Corp./Stefco Home Improvement Services Inc.
April 8, 2011
Prepared for:
McConaughy and Sarkissian, PC Pryor Johnson Carney Karr Nixon, PC
8310 South Valley Highway, Suite 250 5619 DTC Parkway, Suite 1200
Englewood, Colorado 80112 Greenwood Village, Colorado 80111
Ivan Sarkissian, Esq. Kevin P. Ahearn, Esq.
Sara Holmes, Esq.
Prepared by:
JNX Group, LLCLarry D. Jenks AIA
Consultant
JNX Group, LLC 165 South Hudson Street Denver, Colorado 80246 720.231.0634
JNX Group, LLC165 South Hudson StreetDenver, Colorado 80246
303.322.6841 (land)720.231.0634 (cell)
April 8, 2011
Scott Landry, sEq.Sara Holmes, Esq.McConaughy and Sarkissian, PC8310 South Valley Highway, Suite 250Englewood, Colorado 80112Client: Palace Lofts Condominium Association
Kevin P. Ahearn, Esq.Pryor Johnson Carney Karr Nixon, P.C.5619 DTC Parkway, Suite 1200Greenwood Village, CO 80111
Client: West Star Management Corporation
Case #: 2010CV5868
Project: Palace Lofts Condominiums, Unit 3L
Location: 1499 Blake StreetDenver, Colorado 80202
Subject: K.S. Leutenegger Trust v. Palace Lofts Condominium Association/West Star Management Corp./Stefco Inc.
Dear Mr. Sarkissian, Ms. Holmes, and Mr. Ahearn:
As you requested, I have investigated the alleged construction defects at the
above referenced condominium in the PalaceLofts building. This report docu-
ments my findings, opinions and conclusions in this matter.
JNX Group, LLC 165 South Hudson Street Denver, Colorado 80246 720.231.0634
JNX Group, LLC165 South Hudson StreetDenver, Colorado 80246
303.322.6841 (land)720.231.0634 (cell)
Sincerely,
Larry D. Jenks A I A, C S IJNX Group, LLC
JNX Group, LLC 165 South Hudson Street Denver, Colorado 80246 720.231.0634
JNX Group, LLC165 South Hudson StreetDenver, Colorado 80246
303.322.6841 (land)720.231.0634 (cell)
Table of Contents
1. Background 1
2. Pertinent Information 1
3. Terminology 1
4. Information Reviewed 1
5. Scope 1
6. Repair/Remediation History for the Terrace at Unit 3L 1
7. Inspections 1
8. Opinions 1
9. Summary of Issues and Allegations 1
10. Findings 1
11. Conclusions1
12. Closing 1
JNX Group, LLC 165 South Hudson Street Denver, Colorado 80246 720.231.0634
1. Background
I have been a licensed architect in the State of Colorado since 1977. I am
currently the owner and sole proprietor of an independent architectural con-
sulting firm called JNX Group, LLC. JNX Group, LLC engages primarily in non-
traditional architectural activities. I founded the firm in the spring of 2003 to
serve as the organizational platform from which to write and publish a book
entitled Architectural Office Practices and Standards (ISBN 0-9754830-0-5).
This book is a guide and compilation of standards, practices, procedures and
conventions for architects to use in managing architectural projects and in
preparing architectural working drawings.
Before I started JNX Group, LLC, I was a principal with the Denver firm of
Klipp Colussy Jenks DuBois Architects, PC for nearly 20 years. This firm is
well-known (now known only as klipp) in the Rocky Mountain region for its
wide range of project types, design excellence, and, during my time there,
was also well-known for the excellence of its continuing education programs,
its learning environment, and its excellence in preparing construction draw-
ings. I served as the Principal-in-Charge of Technical Operations (among
other things). In this capacity, I performed technical and constructability re-
views on all of the firm’s projects (several hundred during my 20 years
there).
I was retained by the law firm McConaughy and Sarkissian, PC, who repre-
sents Palace Lofts Condominium Association, and by Pryor Johnson Carney
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Karr Nixon, PC , who represents West Star Management in the case K.S.
Leutenegger Trust v. Palace Lofts Condominium Association/West Star Man-
agement Corp./Stefco Inc. As I understand it, the lawsuit was brought to as-
sign responsibilities for the water and mold damage that has occurred in Unit
3L, owned by the K. S. Leutenegger Trust.
Unit 3L has experienced leaking at several times in its brief 12+ year history.
Repairs and remediation were undertaken in 2007 (perimeter slab caulking),
2008, 2009 (perimeter slab caulking), and 2010. In 2010, the entire moisture
management system of the terrace (concrete topping/wearing slab, protec-
tion board, waterproofing membrane, rigid insulation) was replaced, and wa-
ter tests performed by Gene Budler in 2011 show that leaks remain some-
where in the system. It is not clear whether there are contributing leaks from
the nearby 3N terrace, which has not had any repair/remediation work done.
I have relied on photographs from Borne Engineering, Karen Leutenegger,
and McDonald Waterproofing for conditions that I was not able to witness
personally.
2. Pertinent Information
Project Occupant:Karen S. Leutenegger Palace Lofts Condominiums 1499 Blake Street, Unit 3LDenver, Colorado 8020
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JNX Group, LLC 165 South Hudson Street Denver, Colorado 80246 720.231.0634
Owner/Plaintiff: K. S. Leutenegger Trust
Defendant: Palace Lofts Condominium Association
Defendant: West Star Management Corp.
Defendant: Stefco, Inc.
3. Terminology
In my research of the project files of this case, I have come across several
terms that have been used to describe the same things. For example, the
terrace at Unit 3L has also been referred to as a patio, deck, balcony, and
perhaps other terms. I have elected to use the term “terrace” because that
is the term used on the original construction drawings.
I have also noticed the use of the terms “caulking” and “sealant.” The terms
caulk and sealant are sometimes used interchangeably, but they are actually
two different things. Caulks or caulking compounds are non-elastomeric. This
means they do not return to their original size and shape after being
stretched or compressed. Caulk materials are used for filling small joints
[1/4” (6mm or less)] where little or no movement is expected. Sealants are
elastomeric materials used to seal joints where movement is expected (typi-
cally 25 to 50%). In my experience, the term “caulking” has come to be used
by the Construction Specifications Institute (CSI) as a generic term to de-
scribe any kind of joint or crack filler. The term “sealant,” on the other hand,
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JNX Group, LLC 165 South Hudson Street Denver, Colorado 80246 720.231.0634
has come to be used to mean a particular kind of caulk — one that has elas-
tomeric properties. The work that was done by defendant Stefco involved the
use of sealant. However, since the terms have been used interchangeably in
all of the legal records, I have used the terms interchangeably in this report
as well, following the lead established in the Complaint and Jury Demand.
4. Information Reviewed
DOCUMENTS
DEPOSITIONS
■ Rough draft Transcript of Deposition of Karen S. Leutenegger, dated
April 5, 2010
EXPERT REPORTS
■ Borne Engineering report entitled Planter Removal Verification, Palace
Lofts Condominiums, Denver, Colorado Project #08070 , dated May 10,
2010
■ Borne Engineering report entitled Balcony Leak at Units 3L and 3M,
Palace Lofts Condominiums, Denver, Colorado, dated June 7, 2010
■ Borne Engineering report entitled Balcony Leak at Units 3L and 3M,
Palace Lofts Condominiums, Denver, Colorado, dated August 5, 2010
■ Borne Engineering report entitled Balcony Terrace Repairs at Units 3L
and 3M, Palace Lofts Condominiums, Denver, Colorado, dated November
17, 2010
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■ Gene Budler report entitled Physical Inspection of Palace Lofts Condo-
minium Unit 3L, dated March 7, 2011
OTHER INFORMATION
K.S. Leutenegger Trust disclosures
Karen S. Leutenegger Initial 26(a)(1) disclosures dated October 19,
2010 (Palace Lofts Condominiums/Condominium Declaration)
Karen S. Leutenegger Initial 26(a)(1) disclosures dated October 19,
2010 (description of available discoverable information)
Karen S. Leutenegger Supplemental Disclosures dated November 11,
2010
Palace Lofts Condominiums disclosures
Palace Lofts Initial 26(a)(1) disclosures dated November 19, 2010
Palace Lofts 1st Supplemental 26(a)(1) disclosures dated November 19,
2010
Palace Lofts 2nd Supplemental 26(a)(1) disclosures dated December
01, 2010
Palace Lofts 2nd Supplemental 26(a)(1) disclosures dated December
01, 2010
Palace Lofts 3rd Supplemental 26(a)(1) disclosures dated February 7,
2011
West Star Management disclosures
Notice Of Claim
Management Agreement
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JNX Group, LLC 165 South Hudson Street Denver, Colorado 80246 720.231.0634
Inspection Policy
Member Directory
Palace Invoices
Documents From Stefco
Borne Bid Report
Borne Report 5/10/10
Borne Report 8/5/10
Correspondence
Pleadings TRO
Maintenance Insurance Chart
Summary Of Parking
Site Policies
Board Meeting Minutes
By-Laws
Rules And Regulations
Case Files
Initial 26(a)(1) disclosures dated October 21, 2010
Privilege Log
PHOTOGRAPHS
■ Photographs provided by Borne Engineering taken during destructive
testing operations and construction activities
3L, 3M destructive testing 08-04-10
3L, 3M Full Repair Construction Observations 2010-11-17
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3M, 3N planters on terraces
2011-01-09 unit 3L
October 2008
Unit 10 A before repairs
Photographs provided by Karen Leutenegger
Photographs provided by Mike McDonald
DRAWINGS
(from the original construction drawings prepared by RNL Design/
Shears+Leese)
A0.04 Partition Types A2.05 Building Sec-tions
A0.02 Door Schedule and El-evations
A5.00Wall Sections
A1.03 Third Floor Plan A5.01Wall SectionsA2.0 East Elevation A5.02Wall SectionsA2.01 West Elevation A5.03Wall SectionsA2.02 South and North ElevationsS5.01 Framing
DetailsA2.03 Building Section S5.02 Framing
DetailsA2.04 Building Sections S5.03 Framing De-
tails
3-ring binder containing 8½ x 11 copies of the project details
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2. Scope
I have been tasked with responding to the allegations contained in the Com-
plaint and Jury Demand that pertain to construction defects relating to the in-
stallation of sealant (caulking) on 4 sides of the Unit 3L concrete terrace slab.
I have also been tasked with responding to the findings and conclusions in
the plaintiff’s expert report prepared by Gene Budler.
3. Repair/Remediation History for the Terrace at Unit 3L
My review of the project records has indicated that there were four separate
remediation projects undertaken in attempts to stop the leaking from and
into Unit 3L (in some cases, work at other units was also included under
these contracts, but only the work at Unit 3L is shown in this history).
2008
Project: Perimeter slab caulking
Contractor: Stefco Home Improvement Services
This project was completed on or about on or about April 8, 2008. It con-
sisted of caulking the perimeter of the topping slab on the terrace of Unit 3L.
Project: Remove a 2’ x 2’ section of concrete around drains; rigid insula-
tion; EPDM membrane; protection board
Install a new waterproofing membrane patch in the 2’ x 2’ sec-
tion
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JNX Group, LLC 165 South Hudson Street Denver, Colorado 80246 720.231.0634
Replace the concrete and rigid insulation
Contractor: McDonald Waterproofing
The second project was started on September 10, 2008 by McDonald Wa-
terproofing (McDonald). This project included removing only a 2’ x 2’ section
of concrete around the terrace drains (Unit 3L has two drains). Then a fluid-
applied membrane was installed as a patch around the drain body. The
membrane was covered by a new section of sloped concrete topping around
the drain. A 24-hour water test performed by Borne on September 26 was
not successful. It was decided to replace the two terrace drains, as the origi-
nal drains were inappropriate for use on a separated deck1. By October 18,
2008, both terrace drains had been replaced, and a water test proved suc-
cessful on October 23.
On December 25, 2008, Karen Leutenegger notified the Palace Lofts Board of
Directors that the caulking installed on her terrace by Stefco was negligent,
despite the fact that Borne inspected that caulking and found it to be accept-
able2.
2009
Project: Re-caulk the perimeter slab
Contractor: Stefco
1 A separated deck is one that has a concrete supporting layer and a concrete topping weathering layer separated by a waterproofing membrane2 Letter, page 1, ¶2 from Tracy Mulvihill, Managing Agent for the Board of Directors of the Palace Lofts Condomini-ums, to Karen Leutenegger, dated 1/12/09
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Despite the results of the Borne inspection, Stefco re-caulks the terrace
on February 21, 2009. On November 20, Karen Leutenegger informs West-
star that the terrace caulking was applied in a faulty manner. On March 3,
2010, McDonald examines the Stefco work, and informs the interested par-
ties that the caulking installation was less than satisfactory because of cer-
tain preparation deficiencies.
On May 10,2010, Borne issued a report of their findings regarding water
damage in Unit 3L. Borne’s opinion was that leaks were probably occurring
at the joint around the hose bibb; that there were poor sealant joints in the
metal flashing; that there were gaps around the French Doors; that the
French door weatherstripping was not tight; that the door threshold was not
properly sealed; and that the sealant around the perimeter slab was in good
condition at areas near where water intrusion had been observed.
On June 7, 2010 Borne issued a report of their finding regarding follow up in-
vestigation to the repairs made pursuant to the recommendations in their
May 5, 2010 report. During their inspection, Borne observed lapping of the
waterproof membrane and exposed duct tape under the metal flashing.
Borne concluded it was impossible to determine we=there the laps were
properly sealed without conducting further destructive testing of the con-
crete.
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Borne recommended further destructive testing and provided another report
dated August 5, 2010.The destructive testing evidently removed approxi-
mately 4’ x 4’ portions of the concrete topping slab, protection board, EPDM
membrane, and rigid insulation. When the EPDM membrane was exposed,
Borne discovered damage to the membrane that appeared to have occurred
during the original construction of the building. The protection board and the
membrane had randomly located pock mark penetrations from debris that
had not been removed prior to pouring the concrete for the topping slab dur-
ing the original construction. Borne recommended removing the entire top-
ping slab, all of the protection board, membrane, and rigid insulation, and
then replacing them all.
2010
Project: Remove the entire terrace slab, membrane, insulation, and pro-
tection board
Contractor: McDonald Waterproofing
The record gets murky at this point. Evidently McDonald was hired to re-
place the terrace topping slab and waterproofing membrane. This work was
evidently similar to work completed by McDonald on another unit elsewhere
in the building (the unit is unidentified in Borne’s report, but other reports in-
dicate that it was Unit 10A). I could find no bid documents or bids for the slab
and membrane replacement work on Unit 3L, but the drawings made by
Borne for Unit 10A would be very similar. Based on the report from Gene
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JNX Group, LLC 165 South Hudson Street Denver, Colorado 80246 720.231.0634
Budler, leaks have continued following the complete remediation program in-
stalled by McDonald.
4. Inspections
I participated in a site inspection of Unit 3L of the Palace Lofts Condominiums
on March 10, 2011. At that time, the sealant installed by Stefco around the
perimeter of the topping slab had been replaced, along with the original (and
patched section of the) topping slab, protection board, rigid insulation, and
waterproofing membrane. The deck drains had been replaced during the
2008 project. I am not aware of a contract that was approved or executed to
address leaking around the French doors which provide access to the Unit 3L
terrace from the master bedroom and another bedroom. In the May 10, 2010
report from Borne, McDonald suggested that a door installer be brought to
the site to remove and then re-install the doors in order to have them
plumbed and re-sealed, but it is not clear if this work was ever done. It ap-
pears from visual observation of the metal flashings, and from the photo-
graphs provided by Borne Engineering that the metal flashings were re-
moved (except for the top cap flashing), and then replaced after the installa-
tion of the membrane and concrete topping slab. It appears that no new
flashings were installed. No photographs were provided to me that show the
membrane being installed, or how the new membrane interfaces with the
French door or the existing flashings.
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This is problematic because the installation of the new Sonoshield HLM 5000
liquid, cold-applied elastomeric waterproofing, vertical flashings, and their in-
terface with the existing metal flashings and the French door threshold are
critical elements of the waterproofing system designed by Borne Engineering
and installed by McDonald Waterproofing. The construction drawing provided
by Borne for the Unit 10A repair work (involving the complete removal of the
terrace components) shows a detail of the French door sill. This detail calls
for the membrane (a 2-coat system with reinforcing) to turn up the face of
the curb that supports the door, and then directs the installer to “adhere
membranes to bottom of threshold extrusion.” In my opinion, this results in a
condition that is difficult to install so that it is leakproof (because the bottom
of the threshold extrusion is very difficult to see and access, thereby making
the membrane installation difficult to monitor and control), and further, the
membrane is likely to separate from the threshold over time. It would have
been preferable to have included a sill pan flashing designed specifically for
this application, with prefabricated end dams and a turned up interior lip, as
indicated in Figure 1. This would have required removing the door, some-
thing that McDonald suggested in order to address the perimeter sealants
around the door. It is not clear whether this ever actually occurred or not.
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JNX Group, LLC 165 South Hudson Street Denver, Colorado 80246 720.231.0634
5. Opinions
The following opinions are taken from the Gene Budler report dated March 7,
2011, and include the JNX Group responses to each.
Opinions (from the Budler Report dated March 7, 2011)
JNX Group Opinions
1. Borne's conclusion that punc-
tures to the waterproofing mem-
brane during the original con-
struction sequence contributed
to the water intrusion is correct
1. I concur.
Re: Borne's August 5, 2010 report
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JNX Group, LLC 165 South Hudson Street Denver, Colorado 80246 720.231.0634
Figure 1: Preferred threshold detail at French doors
2. Borne's conclusion that the
original incomplete/improper
flashing membrane installation
at the demising wall contributed
to the water intrusion is correct.
2. I concur.
←RE: Borne's June 7, 2010 and August 5, 2010 reports
3. Borne's conclusion that poor
sealant joints at the hose bib
(sic) and metal flashing joints
contributed to the water intru-
sion is correct.
3. The metal flashing seams
were very poorly fabricated, and
should have been soldered. I
concur that these poor joints
contributed to the water intru-
sion.
←RE: Borne's May 10,2010 report
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JNX Group, LLC 165 South Hudson Street Denver, Colorado 80246 720.231.0634
4. Borne's conclusion that the
double doors contributed to the
water intrusion via out of true
hanging, weather sealants, and
threshold sealing is correct. I do
not believe this was however a
major source of intrusion as wa-
ter intrusion at this location
would have been evident to Ms.
Leutenegger. When I questioned
her about this she did not recall
seeing intrusion at this location
4. I concur that the French doors
contributed to the water intru-
sion. I disagree that water enter-
ing at this location would neces-
sarily have been evident to Ms.
Leutenegger. If the new water-
proof membrane was not prop-
erly installed under the door
threshold, then moisture could
have entered into the interior of
the unit and might have been
obscured by the wood steps that
were built to gain access to the
terrace through the French doors
to the terrace.
5. Major leaks during rain events
will continue in the areas of
flashing as identified in the water
testing
5. I concur.
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JNX Group, LLC 165 South Hudson Street Denver, Colorado 80246 720.231.0634
6. Smaller leaks during rain
events may continue in the door
assembly as identified in the wa-
ter testing
6. I concur.
6. Summary of Issues and Allegations
I have been tasked with replying to the allegations stated in the Complaint
and Jury Demand (fax dated August 6, 2010) relating to construction defects
in the sealant joints installed by Stefco. The Complaint and Jury Demand lists
the following allegations against Defendants Palace Lofts Condominium Asso-
ciation, West Star Management, and Stefco Home Improvement Services in
this case:
1. Allegation: Improper application of sealantThe sealant or caulking on the perimeter of the terrace of the unit, due to an improper application, fails to prevent water from entering into the inte-rior of the unit. Further investigation has also revealed defects in the con-struction and installation of the metal flashing and the French doors on the terrace of the unit.
2. Allegation: Failure to properly perform caulking and water-sealingDefendant Stefco negligently performed the caulking and water sealing in and around the plaintiff’s terrace and doors. The caulking and water seal-ing services provided by the defendant Stefco fell below any reasonable standard of care and were not in conformance with industry standards.
Defendant Stefco failed to properly design, construct, and install the caulking and water-sealing to allow proper drainage and to prevent water infiltration. This failure constitutes a violation of the City and County of
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Denver’s ordinances, including the applicable Uniform Building Code, and constitutes negligence per se.
7. Findings
Background:
Defendant Stefco was hired to install sealant in the isolation joint between
the terrace concrete slab and the perimeter walls on all four sides of the ter-
race. I could find nothing in the project record to indicate that Stefco was
hired to do any work relating to the construction and installation of the metal
flashing or to sealing of the French doors. The basis for the allegation ap-
pears to be the fact that rainwater and melted snow have migrated to inte-
rior areas of the unit, as a result of the alleged improper application of
sealant around the perimeter of the terrace concrete slab.
In order to properly evaluate this allegation, it is first necessary to under-
stand the history of remediation events undertaken to address the leaking
into Unit 3L (see Part 6: Repair/Remediation History for the Terrace at Unit
3L), and then to understand the complete moisture management system
that is in place on this terrace, and how the perimeter caulking relates to
the other components of that system.
The design of the moisture management system for this terrace is a very
common one, and is fairly simple and straight-forward. The terrace moisture
management system design consists of the assembly of components in-
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stalled above the structural post-tensioned concrete slab, which provides the
support as the floor for that system. These components are as follows (terms
are taken from the construction drawings for the original building construc-
tion, listed in the order of actual installation, beginning with the first element
placed on the post-tensioned slab3):
1. Roof insulation (rigid foam insulation)
2. Tapered roof insulation cricket
3. Single ply roof system (roofing membrane, an EPDM membrane)
4. Protection board
5. Concrete topping slab
← See Figure 2 on the next page.
←
3 From the original construction drawings prepared by RNL Design and Shears + Leese, associated ar-
chitects
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←
1. In this system, the rigid insulation provides thermal protection for the
enclosed, habitable space in the unit below.
2. The tapered insulation provides a sloping drainage surface to direct
water to the drains
3. The roofing membrane holds the water on the terrace until it can be
drained by the deck drains.
4. The protection board protects the membrane from construction activi-
ties involved with placing the concrete topping slab
5. The concrete topping slab provides a wearing surface for users of the
terrace, and also protects the membrane.
←
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Figure 2: Schematic drawing showing Unit 3L terrace construction
The compressible filler is part of the isolation joint around the perimeter of
the slab that allows the slab to move independently of the walls that contain
and restrain it. The sealant is also part of that isolation joint, and the sealant
restricts water flow through the joint to the membrane. This allows most of
the water to flow off the surface of the concrete topping slab to the drains. It
should be noted that the drains are promenade type drains. Promenade
drains must be designed to accommodate runoff not only from the wearing
surface, but also from the membrane-covered structural slab below. In order
to be effective, drains must have special weep ports at the structural slab
level, so they can accommodate a subsurface runoff.
The structural slab supports the terrace surfacing system and includes a spe-
cial waterproofing membrane to prevent moisture leakage into the occupied
space below. Structural slab membranes are provided with a protective
wearing system, or protection course, directly above the membrane so that
construction of the upper terrace slab can proceed with minimum risk of
membrane damage.
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Figure 3: Schematic drawing showing promenade drain function
Promenade drains are one of the most critical plaza performance features
and must have a two-stage or "promenade" plaza drain assembly. At the
first stage of the drain, weep holes or perforations allow moisture from the
membrane surface to enter the drain. The second stage, the exposed
upper grate, removes moisture from the exposed wearing surface. Both
must remain open and functional for the terrace to resist premature
deterioration.
This system is designed to prevent moisture from leaking into the occupied
space below , or adjacent spaces surrounding the terrace,even if water gets
through the wearing slab, which it is expected to do. Water will penetrate the
wearing slab thru small cracks. It is a well-known behavior of concrete, espe-
cially in this climate, that it will crack. Cracks may also appear at interfaces
between the slab and other materials, such as the metal drains. The water-
proof membrane, installed over a sloping rigid insulation substrate, channels
any of this water entering through cracks to the lower stage of the prome-
nade drains.
In my opinion, if the new membrane had been installed correctly, any mois-
ture that leaks through the isolation joints that are protected by the sealant
likely will not enter into the interior space surrounding the terrace. This is be-
cause the waterproofing membrane provides a second (after the wearing
slab) but most efficacious level of waterproofing in this system. Within a rea-
sonable degree of architectural certainty, leaks to the interior spaces around
the terrace are coming from a different source or sources.
Based on my observation of the 3L terrace, I was able to identify two other
locations that are more likely sources of the water that has made its way to
the interior.
The first and most obvious location concerns the metal flashing. The metal
flashing is installed to protect what would otherwise be an exposed edge of
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the membrane, which turns up the face of the wall that surrounds the ter-
race. The exposed top edge is an extremely vulnerable condition. In order to
prevent water from getting behind the membrane at this location, it must be
carefully sealed and/or protected.
Because this edge is so vulnerable, it
is commonly protected by metal
flashing. The metal flashing at Unit
3L is a 3-piece system that is similar
to the flashing details shown in the
SMACNA Manual4 (Figure 4), but is
different. SMACNA details show two-
piece assemblies consisting of a base
flashing going up the face of a wall,
and a cap flashing that acts as a re-
ceiver for the base flashing. The top piece of counter-flashing typically is in-
serted into a joint when it is used with masonry walls.
The flashing in Unit 3L (Figure 5), installed dur-
ing the original construction of the building, dif-
fers from the recommended SMACNA designs in
two ways. The first way is that the Unit 3L flash-
4 SMACNA is the acronym for Sheet Metal and Air Conditioning Contractors’ National Association;
SMACNA publishes an Architectural Sheet Metal Manual, which is the authoritative source for architects
and contractors in the design and fabrication of standard architectural details involving sheet metal.
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Figure 4: Excerpts from the SMACNA Manual showing 2-piece metal flashing design
Figure 5: Schematic drawing showing components of the 3L metal flashing system
ing has an added metal base flashing as shown in the figure. This is an
added level of protection that is beneficial to the performance of the design
when fabricated properly. The second way is that the receiver (or cap flash-
ing in the drawing) does not include all of the hems, folds, and bends shown
in the SMACNA detail that allow it to function as
an actual receiver for the counter flashing. Water
that gets underneath the cap in the SMACNA de-
tail is prevented from getting past the fold in the
receiver. However, water that moves upward un-
der the bottom of the cap in the Unit 3L flashing
is free to get behind the flashing and then behind
the membrane behind that the flashing is in-
tended to protect (Figure 6).
However, this flashing design would likely prevent
water from getting behind it if it had been fabricated
properly. The seams, joints, and bends in the flash-
ing at Unit 3L are fabricated very poorly, and large
gaps can be seen in the seams (Figure 7).
When seams are fabricated with openings of this
size, wind-blown rain water and melting snow can
very easily get behind the flashing. The SMACNA
manual makes specific recommendations for fabri-
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Figure 7: Photo from Unit 3L terrace showing gaps in the
flashing seams
cating inside and outside corners in sheet metal (Figure 8). Folds should be
fabricated so that pieces join closely, and are then soldered together.
In examining the Unit 3L flashings, I was able to
determine that the top of the membrane is visible
and touchable through the hole, just behind the
flashing. It is not sealed against the underlying
brick, and, in my opinion, this is a likely source of
some of the moisture infiltration problems experi-
enced by Unit 3L.
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Figure 8: Excerpt from the SMACNA Manual showing recommended
fabrication of inside and outside sheet metal corners
Another likely source of moisture infiltration occurs at the threshold of the
French doors that provide access to the terrace from the unit. This photo
(Figure 9) shows the metal threshold from the master bedroom of Unit 3L to
the terrace. Based on the pho-
tos taken during the remediation
project of 2010, it does not ap-
pear that this threshold was removed when the new membrane was installed
(work not assigned to Stefco). In order to inhibit the migration of water that
presents at the base of this threshold and travels past the hole shown in this
photo, it would be necessary to remove the threshold and extend the new
membrane up the wall and across the top of the door sill. Then, a new sill
pan flashing should be added, as mentioned in Part 7 Inspections.
My inspection of the 3L terrace also revealed
another location where the waterproof seal is
compromised. This occurs at the bottom of
the jambs of the French doors (Figure 10). As
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Figure 9: Photo of Unit 3L French Door threshold
Figure 10: Photo showing French door jamb where flashing is terminated. The end cap
that covers this raw edge of the flashing has been removed
shown in this photo, the membrane does not turn the corner behind the
flashing (see Figure 11). This leaves the intersection of the brick and the
door jamb vulnerable. Considering the poor fabrication of the sheet metal
flashing, this is another likely spot for water infiltration.
The caulking described in this allegation had already been replaced when I
conducted my inspection of the property, so I am not able to address myself
to this part of the allegation. However, in evaluating this allegation, it should
be noted that Stefco was hired to replace the caulking around the perimeter
of the concrete topping slab. Stefco’s scope of work did not include work on
the French doors, except where the caulking was installed at the sill of the
doors.
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Figure 11: Schematic drawing showing how membrane should wrap corner of brick
8. Conclusions
I concur with Borne’s findings that the original waterproofing system was de-
feated by holes in the original membrane caused by events during the origi-
nal construction. Water that leaked through cracks in the topping slab, as it
was expected to do, would continue to leak through the damaged membrane
and find its way to interior portions of the 3L unit. The waterproofing system
was replaced by McDonald Waterproofing, and should have restored the wa-
terproofing capabilities of that system, if it had been properly installed. The
perimeter sealant installed by Stefco is a small component in a larger sys-
tem, and its performance alone cannot explain the continued leaking being
experienced in the interior of Unit 3L.
The allegation states “The sealant or caulking on the perimeter of the terrace
of the unit, due to an improper application, fails to prevent water from enter-
ing into the interior of the unit.” This represents what is, in my opinion, a fun-
damental misunderstanding of what is actually taking place on the 3L ter-
race. The perimeter caulking, even in an impeccable installation, would not
prevent the leaking problems experienced by Unit 3L. As I stated in Part 10
of this report, the water-proofing system installed at the Unit 3L terrace is
made up of several components, and, if properly installed, should serve to
keep the interior of the unit dry. The system does not depend exclusively or
even primarily on the caulking in order to function properly. As stated previ-
ously, there are other anomalies in the construction of the terrace that are
more likely sources for water entering into the interior of the unit.
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I have seen no photographs documenting the installation of the new, fluid-
applied membrane for the 3L terrace. However, my site inspection of the
poorly fabricated and installed metal flashings results in some significant cu-
riosities. For example, it is highly problematic that the top of a rubber mem-
brane can be felt through a hole in the seam between two sections of flash-
ing. Based on the requirements of the construction drawings for Unit 10A
(and applied to Unit 3L), there should be no rubber membrane present as
part of the moisture management system. Either this is a piece of the old
membrane that should have been removed, or perhaps it is a piece of new
flashing installed as part of the remediation work. However, no rubber flash-
ing is indicated on the construction drawings. Even if I am mistaken about
this material, it is extremely problematic that the top of this material is not
sealed against the brick, and the extraordinarily poor quality of the metal
flashings allows water to penetrate through the flashings and enter at the
top of this material, where it can move behind the membrane and work its
way into the interior of the unit.
Based on photographs provided by Ms. Leutenegger, it is also apparent that
leaking is still occurring under the French doors. This is attributable, in my
opinion, to a poor threshold design that features no sill pan flashing (no end
dams, and no up-turned interior face). This condition is fairly simple to rem-
edy, as described in Figure 1. The problem at the top of the upturned mem-
brane can be alleviated by installing metal flashing with properly fabricated
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bends and seams forming a receiver for the lower piece of counter-flashing,
for those seams to be soldered, and for the interface with the brick to be
sealed properly with an appropriate elastomeric sealant.
The continuing leaking of the terrace at Karen Leutenegger’s unit is a serious
problem. It is very unfortunate that it seems to be the result of carelessness
that occurred during the construction of the terrace, and that it was so diffi-
cult to pinpoint and identify. That kind of carelessness is very difficult to pa-
trol and manage on a project of the size of Palace Lofts. And it is unfortunate
that major remediation has been undertaken, and the problem still has not
be solved. Fortunately, the remaining sources of leaking are, in my opinion,
fairly easy to identify, and fairly straight-forward to remediate. To summa-
rize…
1. Replace the existing metal flashing
a. Confirm that the underlying waterproof membrane has been prop-
erly installed
b. Confirm that membrane wraps around the brick corner and returns
behind the door
2. Remove the French doors, and
install a sill pan flashing
a. Re-install the doors and seal
the joints
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This concludes this report on the
Leaking Problems at Palace Lofts
Condominium Unit 3L
3. Closing
The findings and conclusions that appear in this report are based on the in-
formation that has been provided to me (summarized the beginning of this
report). Should additional information, or information about previously con-
cealed or hidden conditions become available, JNX Group, LLC reserves the
right to revise and supplement this report accordingly.
Prepared by:
Larry D. Jenks A I A, C S I
Licensed Architect in the State of Colorado
JNX Group, LLC
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