Creative Defect Prevention in Shear Wall Construction

Ironically, residential shear walls are nearly always adequately designed. When they are the subject of defect claims, such complaints usually stem from failure of the construction process to faithfully follow the design.

To prevent defects and resulting claims, developers and general contractors should consider incorporating the following basic procedures:

1. Meet with the framing subcontractor in the presence of that subcontractor's superintendent or foreman, in advance of the shear wall construction.
2. Give them the specification requirements for the construction of the shear walls, especially the nailing. This information is typically part of the construction structural drawings.
3. Go over the requirements with them.
4. Have them sign one copy of the requirements for the shear walls, which is to be retained by the developer or general contractor, indicating that they received the documents.
5. Memorialize this meeting in a memo or minutes and retain in job records; send the subcontractor a copy.
6. Routinely inspect and photograph or videotape a sampling of the shear walls during construction and nailing so that the framing subcontractor is aware of this inspection and documentation procedure.
7. Find fault with certain shear walls and insist that they be corrected.
8. Inspect, photograph and/or videotape each shear wall after completion of nailing but before concealing behind other construction.
9. Obtain a certification from the framing subcontractor following completion of the shear wall construction that they inspected the walls during and upon completion and that the construction was completed in accordance with the specification requirements.
10. Upon completion, collect all the above documentation into a file labeled "Shear Wall Construction" and retain in long-term storage with other project records.

The above procedures can help prevent losses from defect claims involving defective shear walls in two ways. First, they stimulate a higher quality of workmanship and attention to detail, thereby reducing the incidence of defects. Secondly, they discourage the filing of claims regarding defective shear walls, because the procedures were in place and documented. Third, the documentation produced is a substantial body of evidence that the work was done correctly.

An even better approach is for the developer or contractor, or subcontractor to engage the services of an independent testing laboratory to monitor the shear wall construction and certify that it conforms to the drawings and specifications. The same approach offers benefits for other components concealed during construction and other components typically involved in construction defect claims.¹

¹Construction Defect Claims and Litigation (Aspen Publishers, Inc., 1995).

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