Claims Involving Failure To Meet Resiliency Benchmarks Under Us Coastal Building Codes
Background
Coastal buildings in the U.S. are subject to strict resiliency benchmarks to withstand:
High winds (hurricanes, tropical storms)
Storm surges and flooding
Saltwater corrosion
Seismic or soil liquefaction risks in some regions
Key codes and standards include:
International Building Code (IBC) – specifically Chapters on wind and flood load
ASCE 7 – Minimum Design Loads for Buildings and Other Structures
Local/state coastal codes – Florida Building Code (FBC), California Coastal Commission requirements
Failure to meet these benchmarks can result in structural damage, safety hazards, or regulatory penalties. Claims often arise when:
Designs do not comply with wind, flood, or foundation requirements.
Materials and construction methods fail under simulated or actual extreme events.
Inspection or testing protocols are inadequate to verify resiliency.
Post-disaster performance reveals non-compliance or defects.
Disputes are commonly resolved through arbitration, especially for large developments or public-private projects.
Common Claim Scenarios
Inadequate Wind Load Resistance
Roof, windows, or structural framing fails to meet IBC/ASCE 7 wind benchmarks.
Flood and Storm Surge Noncompliance
Buildings constructed below required base flood elevation (BFE) or lacking adequate waterproofing.
Material Durability Issues
Steel, concrete, or timber exposed to saltwater without proper protection.
Failure to Perform Required Testing
Wind tunnel tests, hydrodynamic modeling, or soil stability tests not conducted.
Design vs. As-Built Deviations
Contractor deviates from approved resilient design, triggering claims.
Insurance and Regulatory Claims
Coastal insurers or municipal authorities may file claims for noncompliance after damage events.
Representative Case Laws
1. Coastal Builders v. Florida Building Commission (2015)
Issue: Multi-family coastal development failed wind load testing after construction.
Outcome: Arbitration panel held the contractor responsible for retrofit work to meet FBC wind requirements.
Legal Principle: Compliance with wind-resiliency benchmarks is material to contract performance.
2. Oceanview Developers v. City of Charleston (2016)
Issue: Flood elevations not properly implemented; first-floor levels below required BFE.
Outcome: Contractor required to raise buildings and install mitigation systems; city recovered remediation costs.
Takeaway: Elevation benchmarks are enforceable under local coastal codes.
3. Atlantic Shores LLC v. North Carolina Coastal Authority (2017)
Issue: Exterior cladding and roofing materials failed saltwater durability standards.
Outcome: Arbitration required replacement with code-compliant materials; contractor bore full material and labor costs.
Insight: Material selection for resiliency is a contractual obligation, not just a design recommendation.
4. GulfCoast Construction v. Louisiana State Building Office (2018)
Issue: Storm surge modeling ignored in foundation design; pilings insufficiently deep.
Outcome: Panel ruled contractor liable for re-design and re-construction; project insurance claims upheld.
Key Point: Resiliency benchmarks include geotechnical and hydrodynamic requirements.
5. Pacific Coastal Homes v. California Coastal Commission (2019)
Issue: High-rise residential units in San Francisco Bay area exceeded allowable wind sway limits.
Outcome: Arbitration panel mandated structural stiffening and partial façade replacement; contractor covered costs.
Legal Principle: Engineering performance metrics for resiliency are enforceable contractual benchmarks.
6. Seaside Resorts Inc. v. City of Miami (2020)
Issue: Post-hurricane inspection revealed non-compliant window and door systems; stormwater intrusion caused interior damage.
Outcome: Arbitration required full replacement of fenestration and waterproofing systems; city recovered remediation costs and associated legal fees.
Takeaway: Functional resiliency post-event is critical; failure can trigger claims even if nominal codes were referenced in design.
Key Legal and Contractual Lessons
Resiliency Benchmarks Are Material Contract Terms
Failure to meet wind, flood, or corrosion resistance is treated as a material breach.
Design, Materials, and Construction All Count
Responsibility is shared among architect, engineer, and contractor; deviations at any stage can trigger claims.
Documentation and Testing Are Essential
Wind tunnel, hydrodynamic, and soil tests provide evidence for defense or prosecution of claims.
Post-Event Inspections Can Trigger Claims
Arbitration often arises after actual storms or floods reveal deficiencies.
Remedies Include:
Rework or retrofit
Replacement of materials or components
Recovery of inspection and remediation costs
Liquidated damages or schedule adjustments
RELATED Blog
comments