October 5, 2009 Did the Repairs Really Cost This Much? Case Study: Testing Can Make or Break Your Case Meet the Expert: Brian K. Bramel, P.E., S.E., Ph.D
Did the Repairs Really Cost this Much?
When people think about hiring a forensic engineer or accident reconstructionist they normally think about an engineer's search for causation or contributing factors and not cost estimating. CED Investigative Technologies Inc. has the ability to combine both of these aspects, particularly in the areas of civil and structural failures, and to therefore provide a single source resulting in cost savings for the customer and an opinion capable of withstanding the toughest critics.
What is the benefit of using a forensic engineer to provide cost estimating? The major reason clients retain CED is to provide causation. Armed with the cause, CED's engineers can sometimes assist in estimating the cost of the repairs. The cost of the repair does not always help one determine what party may be responsible for that for some or all of that repair.
However, understanding the cause of a loss can assist the CED engineer in determining what portion of the overall repair costs should be apportioned to a particular party. This is particularly prevalent in residential and commercial construction losses when the claimant simply wants the structure repaired.
How does a forensic engineer know how to do an estimate? In the area of construction and structural repairs, CED engineers have direct experience in cost estimating. CED engineers refer to such popular guides as the R.S. Means and National Construction Estimator where proper and reasonable costs are determined by geographic locations for such things as: equipment, labor and materials. “The key is determining the actual source of the loss or failure prior to analyzing estimates so that you have a true source to build your repairs,” states Brian K. Bramel, Ph.D., S.E., P.E., one of CED's Structural Engineers.
“Once you have the basis for what problem needs to be repaired, you can then apply normalized industry standards by geographic location to determine the actual estimate as to what is reasonable and proper to repair the problem.” Dr. Bramel, like other CED engineers have direct experience with both estimating and determining the cause in a case. Dr. Bramel has completed cost estimates for such structures as roadways, bridges, residential and commercial dwellings and heavy concrete structures in excess of over $300 million dollars.
Combining cost estimating and forensic engineering into a single source is not only a cost savings, as there is no second party that has to come up to speed, but also a powerful tool in the courtroom or in mediation.
Case Study: Testing can Either Make or Break Your Case
A plant in a commercial town in Pennsylvania used an industrial cleaning fluid as part of the manufacturing process. A boiler was then used to assist in separating impurities from the cleaning fluid so that the fluid could be reclaimed for continued use in the plant’s manufacturing process. During the course of operation, a plant engineer noticed a drop in pressure from the boiler. The engineer traveled to the boiler room to investigate the cause of the pressure drop. The engineer alleged that he looked through a large inspection port in the boiler to see if the boiler was experiencing a leak or if the pump had failed and to determine if there was a need to shut down the boiler as the procedures of the plant required. The plant’s engineer claimed that he could not see any leak inside the boiler upon looking through the boiler’s large inspection port. The plants engineer then opened the door only to find the room flooded with scalding hot water, knocking the engineer unconscious causing severe burns and near fatal injuries.
The complaint made by the plaintiff was that the that fluid leak from the boiler was not visible or noticeable from the boiler’s large inspection port so the leak must have been slow and lasting for 45 to 60 minutes prior to the discovery of the problem.
The defense counsel retained CED to validate one main point that could either make or break the case for their client: “Was the leak from the boiler noticeable or was the leak slow and non-visible?” To answer this question, CED performed a site inspection to take detailed measurements of the size of the opening in the broken fluid line that caused the leak. Then CED performed research to determine the fluid line pressure and amount of fluid that would have flowed through the boiler lines during normal operation. Last, CED, constructed an exemplar or replica of a section of the boiler that had been involved in this accident; this section included the boiler’s inspection port.
Armed with research and data, CED then performed tests to demonstrate the visibility of leaked fluid from a broken pressurized fluid line. Video cameras were used to record what could be seen from two locations: (1) view through the boiler’s inspection port, and (2) view of the pressurized fluid spraying from the broken fluid line. The results were astonishing. I urge you to click on the embedded picture to the left to view the results and determine if the boiler leak was or was not noticeable. Based on CED’s testing, it was determined that the fluid leak was visible through the boiler’s large inspection port and that one had the opportunity to observe that fluid leak through the inspection port.
Testing can sometimes make or break a case for the expert. Construction of replicas used in testing can be a powerful tool to demonstrate specific points in a case. Videos that document the testing can provide a lasting impression to a jury or can be used pre-trial to assist in settling a claim. CED has been providing expertise for over 23 years and utilizes testing when appropriate to enhance and support CED’s opinions, making CED a powerful asset for your case.
Meet the Expert: Brian K. Bramel, Ph.D., P.E., S.E.
Brian K. Bramel is one of CED's Structural, Civil and Mechanical Engineers that has experience in several different fields making him an ideal expert when a case requires several potential causation areas. Dr. Bramel holds a Ph.D. in Civil Engineering with a structural focus from the University of Wyoming, along with a Master's and Bachelor's degree in Mechanical Engineering from Kansas State University. Prior to Dr. Bramel's advanced education, he achieved the honor of Tradesman in Residential Construction for the Decatur Vocational Institute.
Before pursing CED, Dr. Bramel held the title of Mechanical and Design Engineer at Caterpillar, Inc., where his responsibilities included design, analysis and implementation of various systems for construction and mining equipment. After departing from Caterpillar, Dr. Bramel worked as a Project and Structural Engineer for several companies where his duties included managing a six state bridge installation and repair, designing methods and building codes submittal and managing standard bodies. He was also responsible for the construction phases for two significant cast in place 12 story concrete buildings.
Most recently, Dr. Bramel was a principal at Bramel Engineering where his duties included forensics and expert testimony, conceptual design of mid-sized structures and design and fabrication for light gauge structural steel-concrete composites. Dr. Bramel has testified and has been deposed as a qualified expert in several different litigation matters.
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