Inadequate Foundations & Shear Walls

Published: July 26, 2021, 4:30 p.m.

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A Video Explaining Foundation & Shear Wall Defects   

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https://zalma.com/blog

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Foundation Defects  

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A foundation is the base upon which a structure stands. If a foundation  is inadequately engineered it will not properly hold a structure up and  will pose a hazard to the structure, to adjoining structures, and to  occupants of the building.  A foundation is the base upon which a structure stands. If a foundation  is inadequately engineered it will not properly hold a structure up and  will pose a hazard to the structure, to adjoining structures, and to  occupants of the building.  

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Defective Shear Walls  

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Shear walls are the vertical walls in a building that are designed to  resist lateral forces. Lateral forces can come from extreme winds or  from movement in a floor system due to earth movement or earthquake.  Absorption of lateral forces is achieved by attaching shear walls to  floors using nails.  The Third Circuit found that although the failure to provide sufficient  shear strength in a building\\u2019s roof should have allowed the plaintiff to  recover, counsel did not properly plead the case as a breach of  warranty, so the plaintiff was deprived of the right to recover because  the failure of its counsel.  The proper measure of damages due to the defective design of a building  is the cost to remedy the defect, unless such amount is \\u201cgrossly and  unfairly out of proportion to the good to be attained\\u201d by fixing the  building. 

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ZALMA OPINION  Construction defects lawsuits are almost ubiquitous. To deal with such  litigation it is necessary for the lawyer or insurance claims person to  understand construction and the parts needed to build a structure. This,  and the previous videos about construction defects work to provide the  information needed as adapted from my books on Construction Defects and  Insurance.  

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\\xa9 2021 \\u2013 Barry Zalma Barry Zalma, Esq., CFE, now limits his practice to  service as an insurance consultant specializing in insurance coverage,  insurance claims handling, insurance bad faith and insurance fraud  almost equally for insurers and policyholders.  He also serves as an arbitrator or mediator for insurance related  disputes. He practiced law in California for more than 44 years as an  insurance coverage and claims handling lawyer and more than 54 years in  the insurance business.  He is available at http://www.zalma.com and zalma@zalma.com. Mr. Zalma  is the first recipient of the first annual Claims Magazine/ACE Legend  Award. Over the last 53 years Barry Zalma has dedicated his life to  insurance, insurance claims and the need to defeat insurance fraud. He  has created the following library of books and other materials to make  it possible for insurers and their claims staff to become insurance  claims professionals.  Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma;  Follow Mr. Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library \\u2013 https://zalma.com/blog/insurance-claims-library/ Read posts from Barry Zalma at https://parler.com/profile/Zalma/posts; and the last two issues of ZIFL at https://zalma.com/zalmas-insurance-fraud-letter-2/  podcast now available at https://podcasts.apple.com/us/podcast/zalma-on-insurance/id1509583809?uo=4

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