Metropolitan Engineering, Consulting, Forensics, and Environmental Remediation Services. Construction, Investigation, Remediation and Forensic Expert Engineers

Construction Defects, Construction Claims, Engineering, Property & Casualty Investigations, Assessment, Site Investigation, Remediation, Litigation and Indoor-Air Expert Engineers

Bill Stephan, PhD, PE, CIH, CHMM, JD, MBA

Principal Engineer

P.O. Box 520

Tenafly, New Jersey 07670-0520

Phone: (973) 897-8162

Fax: (973) 810-0440

E-mail: metroforensics@gmail.com

______________________________________________________________________

Firm Overview

The engineering and forensic firm of Metropolitan Forensics and Consulting Engineering and Environmental Services was established for the purpose of providing a high value service to the insurance industry and to the insured companies or individuals. Our founding principal (Bill Stephan) is a licensed professional engineer in several states, including, New Jersey, New York, Pennsylvania, and Delaware.

We specialize in the in-situ remediation of petroleum and chlorinated spills, the defense of liability claims, the investigation and defense of first or third party insurance claims and the handling of subrogation claims.  We are also experts on oil and gas energy sector issues (design, investigations, construction oversight), renewable energy sector (wind turbines, solar panels, biofuels, etc), vapor intrusion evaluation, vapor phase and transport and in design on vapor mitigation systems.  Additionally, we offer forensic engineering services, including age-dating of contaminant releases, construction defects, oversight, evaluation of remedial alternatives, sub-slab ventilation system design and installation.  The list of our core services is:

• Cause and Origin Investigations
• Construction Failure Analysis (Residential, Industrial and Commercial)
• Structural Integrity Evaluation
  
• Site Investigation
• Tank removals and tank installations; licensed and insured to perform entire UST work
  
• In-Situ Remediation of Soil and Groundwater
  
• Vapor intrusion, indoor air evaluation and mitigation
  
• Causation
• Forensic Investigations (age-dating)
• Oversight
• Review of Remedial Action Work Plans
• Reserve Estimation
• Cost Allocation
• RAWP Preparation
• Site Remediation
• Cleanup Level Development and Negotiation
• Subrogation
• Expert Witness/Litigation Support
• Licensed Site Remediation Professional (LSRP) Services
• Construction Claims (Delay, Differing Site Conditions, Loss of Productivity, Acceleration, and others)
  

 





































Additional Specialty Service Areas

Age Dating
Boilers & Burners
Bridges
Building Codes
Building Inspections

Construction Accident
   Reconstruction
Construction Defects
Construction Delay Claims
Construction Surety Claims
Construction Disputes
Construction Differing Condition Claims
Construction Oversight
Construction Management
Construction Acceleration Claims

Construction Failures
Construction Injuries
Contractor Performance Issues
Corrosion

Defective Designs
Defective Roadway Design
   Evaluations

Earthquake
Electrical Accidents/Injuries
Electrical Equipment Failures
Electrical Fires
Elevators, Escalators
   & Conveyors
Embedded Software Hazards
   & Analysis
Equipment Failures
Errors and Omissions
Explosions
Failure Analysis
Fire
Fire Codes
Fire Protection Systems
Fire Suppression Systems
Flood Damage Assessment

Foundation Systems

Gas Systems
Hailstorm damage

Heating & Ventilation Systems
Heavy Construction
Highway/Roadway Design
Human Factors

Indoor Air Quality
Laboratory Services
Ladders, Scaffolding Falls
   & Failures
Lightning

Mechanical Defect Evaluations
Metallurgical Age Dating
Mold Causation
Natural Disasters/Weather
   Related Issues
Nuclear Energy
Occupational Hazards
   & Illness
Piping
Playground Equipment Injuries
Plumbing
Product Failures
Roofing Problems & Failures
Safety Codes
Safety & Human Factors
   Engineering
Scalding
Scene Mapping and Photographs
Sick Building Syndrome
Sports Equipment Injuries
Standardized Codes
Steam Systems
Subrogation Issues

Transportation Issues
Trips, Slips & Falls
Underground Storage Tanks
Utilities Expertise
Vibration
Water Damage
Windstorm

Mission Statement

Our mission is to work as an extension of our clients to expeditiously achieve the most economically favorable resolution of claims on their behalf and on behalf of their insured. We have developed and will continue to create new solutions to the technical problems and issues which are facing the insurance industry and the insureds today.  

Metropolitan provides forensic engineering work (age-dating or fingerprinting), site remediation, auditing, cost control and litigation support services to insurance carriers, their insureds and to private or public companies.  In its risk management role, examines, manages and audits environmental claims to ensure that assessment and remediation services provided to both carriers and policy holders are reasonable and necessary, properly rendered and appropriately charged. 

In its litigation support role, Metropolitan assists carriers and their counsel to ensure that litigious disputes are resolved fairly and reimbursement benefits are provided when appropriate.  The corporations service area includes the entire United States, with our corporate office located in Northern New Jersey.  The Firm's professional staff also travels regularly throughout the United States on assignment.

Forensics at Metropolitan

There are many issues associated with disputes over responsibility for cleanup. Who, what, when, where, and how chemicals were released can be investigated. The tools of forensic investigation include mathematical models, statistical models, fate and transport calculations, chromatography, lead isotope analyses, time of travel assessments, library search site characterization, tracer additives, and recently developed software applications.

Effective forensic project management should include an evaluation of multiple forensic tools based on site specific circumstances. The process of evaluation and the ultimate selection of the forensic tool are critical to a successful outcome. When project budgets allow, combining forensic methods for corroborative evidence can substantially strengthen your client’s position in an effort to prevent or support litigation. The effective forensic consultant must be well acquainted with an ever expanding list of analytical methods, environmental regulations, assessment procedures and remedial technologies.

The forensic field is one that utilizes a wide range of scientific tools to identify and characterize complex adverse environmental events. Some of the scientific disciplines involved in forensics include engineering principles (biological, physical and chemical), hydrology, lithology, geology, site history, site practices, mathematics, and statistics. These areas may be combined with technologies such as respiratory analyses, chromatography/mass spectrometry and chemical fingerprinting methods to answer complex questions with the ultimate goal of establishing responsibility for a particular event. Accurate, defensible forensic analyses are an essential component of any strategy that attempts to resolve the extent of the insurer or insured client responsibilities in the cleanup of contaminants.

Contact us online or call 973-897-8162 to learn more about our forensic services.

Property Damage Services at Metropolitan

Metropolitan assists property owners, claims professionals, businesses, and attorneys in   the assessment of the cause & origin (C&O), extent of damage and required restoration after pipe bursts, settlements, manufacturing and construction failures, fire, flood, earthquake, or storm damage.  Our teams of engineers have extensive experience in the many systems that make up a building including structural, mechanical and electrical systems.   We also have the necessary background to evaluate property damage to items such as communications towers or solar panels. We can help determine alternative, appropriate, and cost effective solutions for repair or restoration of any damaged property, both commercial and residential. 

Providing Competent, Expert and Objective Investigative Engineering and Consulting Services.

Our experts are multi-skilled, competent, and objective professionals who apply their analytical and common sense skills to reconstruct, determine the root cause, and document the events that give rise to property, casualty, and liability claims.  Thorough investigations and detailed measurements/research help us distinguish between pre-existing conditions and sudden and accidental losses.

Our investigations are:

·         Comprehensive & Accurate

·         Legible & Easy to Understand

·         Timely Performed

·         Delivered Quickly

·         Cost Effective

·         Clear & Concise

·         Developed by Professionals

·         Dependable

·         Our own uniform reporting system saves time and money.

Our Fast Track Investigation and Uniform Format Reporting systems allow us to conduct and deliver a comprehensive response to the assigned claim.  In most cases, we will obtain findings based on a site visit, visual observations, photographs, interviews, and field measurements.  Further investigations and testing will be provided upon request and approval by the client.

Forensic Investigation of Property Damage Claims

Metropolitan Consulting, Engineering & Forensics understands your need to complete a claim investigation accurately and efficiently as possible.  Whether it is accident reconstruction, damage due to environmental forces such as wind, water, hail, snow, tornado, etc.; fire origin & cause investigation or any other claim, the engineers at Metropolitan understand both you and your client want to resolve the claim.  The analysis you receive from Metropolitan will be accurate and complete, giving you the information needed in the claim adjustment and analysis.

Our services have extended beyond the forensic analysis phase into the remediation and repair phase of many large loss claims.  Upon the completion of the cause and origin (C&O) investigation, Metropolitan can provide our clients with complete working drawings and specifications needed to repair or rebuilt damaged buildings or other structures.  Metropolitan Consulting & Engineering’ staff possesses many-many years of experience in rehabilitation design, construction management, and project oversight to ensure the loss is restored in a timely and cost-effective manner without sacrificing quality.  Building code knowledge allows us to identify possible code upgrades as needed.  Metropolitan understands constructability and realizes making an insured whole goes beyond forensic investigation and design. We pride ourselves in providing practical solutions contractors can understand and follow.

At the forefront of available technology, we provide professionals and staff capable of handling a variety of engineering evaluations.  Our reports are clear, concise, complete and efficiently produced.  Our engineering objectives are achieved in an ethical manner consistent with the traditions and character of engineering professionals.

Contact us online or call 973-897-8162 to learn more about our property damage services.

Extensive Experience helping Sureties

Metropolitan also has extensive experience helping sureties fulfill their bond obligations resolve disputes after a contractor has defaulted.  This work includes the evaluation of contractor bid pricing, evaluation of the contractor’s ability to perform work, risk assessment, evaluation of termination, construction completion services, claim and litigation support services, loss recovery services, evaluation of payment bond claims, negotiation and settlement of payment bond claims, and construction defects investigation services.  Metropolitan has provided these services for commercial, development, educational, and assisted living projects.

Construction is a business fraught with risk.  Disputes over even the smallest of issues can quickly escalate, with crippling consequences to the project and the parties.  Over the years, the construction industry has developed various methods of contractually allocating the risk of project delay and disruption.  Some of these methods include liquidated damages provisions, "no damages for delay" clauses, mutual waivers of consequential damages, provisions that limit liability, claims notice provisions, and provisions addressing responsibility for the adequacy of the construction plans and specifications.  Parties frequently litigate the sufficiency of these risk-shifting efforts in conjunction with the underlying merits of delay and disruption disputes.

Construction Claims & Disputes

The most frequently encountered claims include:

1.            Construction Delay Claims

2.            Disruption and Loss of Labor Productivity Claims

3.            Design and Construction Defect Claims

4.            Force Majeure Claims

5.            Acceleration or Compression of the Schedule Claims

6.            Suspension, Termination and Default Claims

7.            Differing Site Conditions Claims

8.            Change Order and Extra Work Claims

9.            Cost Overrun Claims

10.         Unacceptable Workmanship or Substituted Material Claims

11.         Non-payment Claims (stop notice (or Notice to Withhold) claims, mechanics’ lien (only for private construction projects) and payment bond claims)

Forensic Engineering Experience Case Studies

Metropolitan staff has developed and utilized scientific methods to assist clients in a variety of ways related to their claim issues. The following is a partial list of such projects:

• Provided expert witness services for plaintiff seeking remediation of contaminated groundwater that caused indoor air inhalation problems;
• Testified that engineering and scientific evidence was improperly collected and analyzed and was inadequate to show the age of the release;
• Origin and cause of retaining wall failures.  
• Lightning damage to structures or electrical systems and equipment
• Roof failure or collapse as a result of accumulated load, additional weight and snow drift at hundreds of commercial and residential properties.
• Demonstrated that solvents in groundwater at client's property originated from off-site dry-cleaner and that client's site actually provided remediation for the off-site release of dry cleaning solvent;
• Expert witness for property owner impacted by industrial waste disposal from industrial manufacturer;
• Demonstrated that environmental analysis by a previous consultant for a manufacturing site was inadequate; as a result, the lender's concerns were alleviated and financing proceeded;
• Chemical "age-dating" and contaminant transport analyses of petroleum in groundwater at a gas station showed that contaminants originated from other parties;
• Age-dated petroleum release at a former gas station to show that the previous owner of the gas station caused groundwater contamination;
• Age-dated petroleum releases at an industrial facility to show that the on-site plume was the result of an off-site source;
• Prepared age-dating reports for over one-hundred residential fuel oil spills;
• Assisted insurance companies attorneys in defending subrogation claims; was able to demonstrate that the forensic data collected by the first party consultant were collected and analyzed using invalid methods;
• Demonstrated that structural damage to a residence was from a source other than the alleged high lake level
• Collected evidence (for the primary responsible party) that identified other responsible parties to share in the cost of a Superfund cleanup;
• Review of the site data at a bulk petroleum facility indicated that the site releases were not the result of regular oil transfer operations and that they were caused by the negligent actions of the insured’s agents; the case was settled in favor of the insurance company;
• Was able to demonstrate that the majority of the removal actions at petroleum release sites were neither reasonable nor necessary; as a result of our opinion, the insurance client settled the claim in favorable terms;
• At several drycleaner sites we were able to demonstrate that the age of the release was much earlier than the parties originally believed; as a result, the insurance client settled the claim at a fraction of the alleged liability;
• We performed numerous flood and wind damage assessments at commercial and residential properties.

Contact us online or call 973-897-8162 to learn more about our forensic engineering services.

Site Remediation Services

 Characterizing and remediating contaminated sites involve some of the most complex and difficult issues for environmental lawyers and their clients. Problem areas include responding to regulators; negotiating enforcement settlements; negotiating or litigating cost allocation and recovery claims; working with the insured or insurer client, lawyers and regulators to develop efficient, cost-effective remediation approaches; and selling, buying, or developing contaminated properties.

Metropolitan staff has developed and applied an innovative approach to the use of sodium persulfate for the sequential in-situ treatment of subsurface contaminants through chemical oxidation followed by enhanced biological degradation through sulfate reduction. This approach has broad applicability to a wide range of contaminants, and shows strong cost-saving benefits through reducing the initial volume of chemical oxidant necessary and enhancing the in-situ biological degradation of contaminants.

Through proper subsurface geochemical characterization and chemical dosing design, the approach focuses on utilizing the oxidant for immediate mass reduction at the source area, followed by degradation or polishing of the residual contamination using sulfate reducing bacteria.  Depending upon the oxidant activation method, this approach is applicable to petroleum hydrocarbons including both volatiles and PAHs, chlorinated volatile organic compounds (CVOCs) including chlorinated ethene, ethane and methane groups, as well as PCBs.

Contact us online or call 973-897-8162 to learn more about our Site Remediation Services.

Vapor Intrusion and Indoor-Air Studies

Vapor intrusion has received increased attention over the last few years near contaminated sites because some contaminants have the potential to migrate into nearby buildings and negatively affect indoor air quality. The accumulation of these volatile vapors in buildings can result in significant safety and health concerns.
To properly evaluate vapor intrusion a thorough evaluation of the building's ventilation system and subsurface conditions needs to be conducted by a knowledgeable professional in accordance with state and federal established procedures. 
The evaluation process typically includes a thorough building chemical inventory, the advancement of soil gas probes and the collection of soil gas samples. When indoor air quality problems are identified they can normally be resolved through the modification/installation of a properly designed ventilation system.
Metropolitan is well experienced with U.S. EPA and State vapor intrusion investigation techniques. We have completed numerous vapor intrusion and indoor air quality studies at commercial and residential properties. We have the experience to identify and resolve indoor vapor intrusion problems and the practical know-how to resolve indoor quality issues in an efficient and cost effective manner.
Contact us online or call 973-897-8162 to learn more about our Vapor Intrusion and Indoor Air Studies.

Metropolitan Engineering, Consulting, Forensics, and Environmental Remediation Services.

Construction, Investigation, Remediation and Forensic Expert  Engineers

P.O. Box 520

Tenafly, New Jersey 07670-0520

Ph.: (973) 897-8162

Fax: (973) 810-0440

metroforensics@gmail.com

Contact: Dr. Bill N. Stephan, PhD, PE, JD, CIH, MBA, CHMM

Insurance claim examiners, insureds, insurers, insurance adjusters and risk managers use Metropolitan for determining cause, evaluating the extent of damage, determining the age of the release, separating unrelated damage, analyzing loss scopes and managing restoration data, determining costs to repair, restore or replace, and preparing for insurance appraisals.

Attorneys call on Metropolitan for help when preparing for Litigation and Alternative Dispute Resolution such as arbitration and mediation

ENVIRONMENTAL FORENSICS: DETERMINING WHEN, WHAT, WHERE, WHO AND HOW CHEMICALS WERE RELEASED

ENVIRONMENTAL FORENSICS: DETERMINING WHEN, WHAT, WHERE, WHO AND HOW CHEMICALS WERE RELEASED


https://sites.google.com/site/metropolitanforensics/environmental-forensics-determining-when-what-where-who-and-how-chemicals-were-released







Subsurface releases of chlorinated and petroleum hydrocarbons (drycleaner and degreasing solvents, crude oils and refined products such as gasoline) are one of the most frequent causes of groundwater contamination in the United States. They are the subject of billions of dollars spent in investigation, remediation, property damage claims, and litigation. In order to differentiate the nature and sources of contamination, detailed chemical data of the in situ contamination and its potential sources must be collected and compared, to properly allocate contaminant ownership.


Many forensic tools are available during the forensic investigations to accomplish the objective of determining when, what, where, who and how; several have been used for decades and others are now more widely used due to improvements in laboratory analytical capabilities. For example, trace elements can be used to track surface and groundwater contaminant plumes. We have used Boron to track leachate emanating from municipal solid waste landfills because it is extensively used in disinfectants, preservatives, and as a fluxing agent in glass and enamels; is readily soluble in water; and will travel greater distances than some hydrocarbons and most heavy metals. We have also used rare earth elements to track refinery effluent and sediment and waste soil dumped into rivers. 

More recently, we have used CSIA (compound specific stable isotope) methods in vadose zone and vapor phase contaminant studies to identify the source of the contamination and to assess the in-situ degradation of contaminants. See figure below for an example illustration of how we determine the impacts at a monitoring well from source X or from source Y, a very common dispute in environmental contamination incidents.






The many issues associated with disputes over responsibility for cleanup are reviewed in this multi-part blog, as we attempt to answer the questions: When, what, where, who and how chemicals were released. Case studies are presented, highlighting the approach and results of these forensic investigations.


Tools of the Forensic Investigation


The tools of forensic investigation include, but are not limited to, gas chromatography, mass spectrometry, flame ionization, thin layer chromatography, lead isotope analyses, library search site characterization, tracer additives, stable and radioactive isotope analyses, mathematical fate and transport models, and so on. These tools are presented with emphasis on how they might be applied at mixed or commingling plume sites.

The best tools to apply to a particular case depend on the questions posed, so clarity about the ultimate objective of the forensic work is important from the start. For example, a focus on product identification or source characteristics is usually quite different from age-dating the release(s). Crude oil and refined products are complex mixtures of hundreds to thousands of constituents that can have widely varying physico-chemical properties, and some forensic tools are better suited to certain constituents than others. In addition, it is very important to consider the phase of the chemical to be sampled, such as petroleum product, soil-sorbed constituents, dissolved phase constituents in groundwater, and vapor phase constituents.








For example, a forensic method that we use is called PIANO (Paraffins, Isoparaffins, Aromatics, Naphthenes, Olefins). The analytical method is high resolution GC/FID or full scan GC/MS. The distribution of the over PIANO gasoline-range constituents provides information on the source and age of the product, because it determines the amount of weathering. This method is applicable to gasoline, naphtha, and other light hydrocarbons. Other methods available for gasoline fingerprinting include: oxygenate analysis, organic lead and lead scavenger analysis, bulk and compound-specific stable isotope analysis. The figure below shows a typical PIANO histogram.






For diesel fuel fingerprinting we may use: PAH and alkyl-PAH analysis, n-alkane and acyclic isoprenoid analysis, biomarker and n-alkylcyclo-hexane analysis, total sulfur analysis, and so on.


Metropolitan is typically applying environmental forensic methods taking into consideration of the hydrogeological properties of aquifers, fate and transport properties of contaminants, and advanced chemical ‘fingerprinting’ to answer the posed questions and to assist clients define their relative responsibility in environmental cleanup at spill sites. Metropolitan uses a multiple-line of evidence approach and places a particular interest in cross-checks of results and interpretations with the goal to generate factual information to assist our clients in the fair settlement of the legal claim.


Estimation of the Fuel Release Time


At several of our projects Metropolitan is tasked with the determination of the time of the release of fuel oil. The correct determination of the time of the release insures that an equitable settlement of the resulting liability and damages occurs.


Estimates on fuel/oil release times are feasible in the presence of suitable data sets, including:


1. geochemical data


2. stable and radioactive isotope analyses


3. chemical, biological and physical data of soil and or groundwater, including analyses for trace elements


4. hydrogeologic system and groundwater level variations


5. nature and extent of hydrocarbon plume; concentration gradients within plume


6. microbial soil / water potential to degrade various hydrocarbon constituents


7. metal concentrations in the impacted soils and groundwater


8. contaminant sampling within and beyond the plume






Forensic Engineering Experience Case Studies


Metropolitan staff has developed and utilized scientific methods to assist clients in a variety of ways related to their claim issues. The following is a partial list of such projects:


· Provided expert witness services for plaintiff seeking remediation of contaminated groundwater that caused indoor air inhalation problems;


· Used CSIA to determine the source(s) of PCE and TCE at monitoring wells at a number of sites in New York, New Jersey, Pennsylvania and Connecticut;


· Testified that engineering and scientific evidence was improperly collected and analyzed and was inadequate to show the age of the release;


· Demonstrated that solvents in groundwater at client's property originated from off-site drycleaner and that client's site actually provided remediation for the off-site release of dry cleaning solvent;


· Expert witness for property owner impacted by industrial waste disposal from industrial manufacturer;


· Demonstrated that environmental analysis by a previous consultant for a manufacturing site was inadequate; as a result, the lender's concerns were alleviated and financing proceeded;


· Chemical "age-dating" and contaminant transport analyses of petroleum in groundwater at a gas station showed that contaminants originated from other parties;


· Age-dated petroleum release at a former gas station to show that the previous owner of the gas station caused groundwater contamination;


· Age-dated petroleum releases at an industrial facility to show that the on-site plume was the result of an off-site source;


· Prepared age-dating reports for over one-hundred residential fuel oil spills;


· Assisted insurance companies attorneys in defending subrogation claims; was able to demonstrate that the forensic data collected by the first party consultant were collected and analyzed using invalid methods;

· Demonstrated that structural damage to a residence was from a source other than the alleged high lake level


· Collected evidence (for the primary responsible party) that identified other responsible parties to share in the cost of a Superfund cleanup;


· Review of the site data at a bulk petroleum facility indicated that the site releases were not the result of regular oil transfer operations and that they were caused by the negligent actions of the insured’s agents; the case was settled in favor of the insurance company;


· Was able to demonstrate that the majority of the removal actions at petroleum release sites were neither reasonable nor necessary; as a result of our opinion, the insurance client settled the claim in favorable terms;


· At several drycleaner sites we were able to demonstrate that the age of the release was much earlier than the parties originally believed; as a result, the insurance client settled the claim at a fraction of the alleged liability.





Gasoline Fingerprinting Case Study – Applying the PIANO Analysis to Determine the Source of the Gasoline Product in Monitoring Wells


A typical situation we encounter in urban settings is contamination that may have been caused by multiple sources. Insurers and responsible parties want to know the percent contribution from each source or from a source so that they perform cost allocations. Forensic characterization of gasoline releases can be accomplished with PIANO analyses, an enhanced GC/FID or GC/MS technique which can identify and quantify hundreds of hydrocarbons. By quantifying diagnostic ratios of selected hydrocarbons obtained from the PIANO scan, investigators can obtain information on the magnitude of environmental weathering, the type of gasoline present and the refining methods used in its production and the gasoline’s compliance with environmental regulations. These parameters can be used to assess the nature of the gasoline release and when it occurred.


The objective of a typical investigation is to determine if LNAPL (a floating gasoline product) encountered inside groundwater monitoring wells or test pits downgradient from two or more gasoline and diesel service stations came from-phase gasolines found on the property of these service station. We typically must perform a detailed gasoline product analysis from each gasoline station and from the downgradient areas. It is well known that refiners that provide the gasoline and other product to the individual service stations use different blending compositions. Therefore, we can use this knowledge to determine the source of the gasoline as it is transported and degraded in the subsurface environment.


Weathering in the subsurface environment typically affects the product samples differently; therefore, some differences are always apparent. In a typical case, the gasolines samples analyses from each station revealed differences related to refinery blending. Formulated gasoline is generally enriched in isoparaffins and aromatics. One Station’s gasoline contained an abundance of particular isoparaffins, namely, 2,2,4-, 2,3,4-and 2,3,3-trimethylpentane, which indicate that the refiner blended alkylate into its gasolines. 

Another refiner that provided gasoline to a second station did not use alkylate in production of its gasoline(s). The relative absence of these isoparaffins in the downgradient monitoring well samples indicated that it was consistent with the gasoline from the first station’s refiner. Thus, we were able to prove with a reasonable degree of scientific certainty that the contamination in the wells had originated from only one of the gasoline stations.


In another case, we were able to determine that the subject gasoline was a leaded gasoline and that only two of the subject four gasoline stations were using that type of product. Furthermore, by using analyses for methyl lead and tetraethyl lead, we were to prove that only one gas station was using methyl lead gasoline.


Claims Closed


We are pleased to report the closure of the following claims.


Claim Closed #1: Release of One Thousand Gallons of Kerosene


We were asked to investigate the release of kerosene from an underground storage tank (UST) and associated piping. The insured claimed that the release was sudden and accidental, triggering coverage of our client’s policy. We investigated the leak site, collected forensic data and determined that the leak occurred over a period of many years and that it was not a sudden and accidental release. Our client settled the claim for a small fraction of the $150,000 claim price tag. Claim closed – at a record time.

Claim Closed #2: Historic Release of Gasoline at a Former Gasoline Station


We were asked to review a claim file for determining the age of the release(s) of gasoline and other petroleum hydrocarbons. Without collecting additional data, we determined that the gasoline releases were historic in nature (pre 1982). Since our client insurance policy covered the property for the years 1990-1995, an amicable settlement was reached with the insured without incurring additional claim investigation expenses. Claim closed – at a record time.







Issue Resolved


We are very pleased to report the resolution of the following issue(s).

Issue Resolved: Plume Commingling.

We were asked to review a claim file to determine if the releases from two diesel USTs were commingling. Other consultants had unsuccessfully attempted to resolve the issue and one of the insurance carriers was refusing to admit that the plumes were commingling. Based on constituents found in the diesel fuel(s), we were able to show that the two plumes were commingling; we were also able to determine the percent mixing of the plumes. As a result, our client requested from the other insurance company to contribute to the cost of site cleanup. The parties have reached an amicable settlement based on the conclusions of our work. Issue resolved.






Metropolitan Also Offers the Following Claim Management Services

Professional Errors and Omissions

Design Errors and Omissions: Code Compliance, Drawing/Plans Analysis, Quality Assurance, Defect Analysis, Design & Repair Scope, Conflict Resolution, Scheduling Analysis, Contract Analysis, Exhibit Preparation, Testimony, Expert Analysis


Construction Errors and Omissions. We perform the following basis services. Claims Analysis, Scope of Repair, Delay Claims, Estimating, School Construction, Timeline Analysis, Defect Claims, Negotiation of Claims, Report Generation, Exhibit Preparation, Testimony, Expert Analysis.

Construction Defects

We provide civil engineering and construction consulting services including technical advice, dispute resolution assistance and expert testimony. Services include construction contract claim preparation and analysis utilizing Critical Path Method (CPM) schedule techniques, loss of productivity studies and liability assessments; Construction project performance evaluations (including Standard of Care assessments); Construction contracts analysis; Property and casualty loss investigations and reconstruction estimates; Personal injury investigations and opinions of liability; Pre-litigation support services including interrogatory and opposing expert deposition question preparation; Attendance at opposing expert deposition; Provision of expert testimony at deposition, mediation, arbitration and trial.

When involved during construction, our basic strategy in addressing claims is anticipation, avoidance, mitigation, and then preparation or defense of the claim. To that end, we perform detailed research and comprehensive analysis of disputed issues and the responsibilities of the owner and the contractor related to each issue.






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Metropolitan’s Pledge

Our goal is to help you resolve the claim at the lowest possible transaction cost. Since transaction costs are, on average, fifty to seventy five percent of the claim, Metropolitan believes that the emphasis should be placed in reducing the transaction costs by collecting high quality data early on to ensure unnecessary challenges by the insured and/or other insurance carrier, should the claim is subrogated.

We know that you want the facts; that you want them fast; that you want uncompromised quality of the deliverable; and at a rock bottom price.


forensic professionals are second to none and are dedicated to fast, efficient and effective response and creating a product of uncompromising quality and value.

forensic professionals are second to none and are dedicated to fast, efficient and effective response and creating a product of uncompromising quality and value.

Metropolitan is ready to assist you with a number of forensic engineering or age-dating determinations or evaluations to insure that the proper coverage trigger or period has been determined. We also have the scientific expertise to determine whether the releases were historic in nature, whether they were sudden or accidental, as well as to be able to differentiate plume contributions from various sources.


We are ready to assist you with E&O claims and/or construction defect claims. Metropolitan will also use proven forensic techniques in the determination of the cause, origin, and extent of foundation/soil movement, grating/drainage, structural failures, water intrusions, construction defects and other failures. Our job is to find out what happened and why, from the cause and origin through the extent of loss. Metropolitan will be able to point the way toward a speedy disposition of the claim.


Our job is to find out what happened and why, from the cause and origin through the extent of loss. Metropolitan will be able to point the way toward a speedy disposition of the claim.


Metropolitan Engineering, Consulting & Forensics (MECF)
Providing Competent, Expert and Objective Investigative Engineering and Consulting Services
P.O. Box 520
Tenafly, NJ 07670-0520
Tel.: (973) 897-8162
Fax: (973) 810-0440
E-mail: metroforensics@gmail.com
Web pages: https://sites.google.com/site/metropolitanforensics/
 
Metropolitan appreciates your business.

Feel free to recommend our services to your friends and colleagues.

We know you need to process damage claims quickly and knowing the facts is now faster than ever – within 24 hours of site visit. Our Pegasos Forensic Investigation Services (PFIS) feature:

· Expert Forensic Investigators on-site.

· Defensible, Readable, Conclusive Reports.

· Fixed-Prices starting at $499 per chimney or roof inspection (volume discounts are also available). Flood loss assessments start at $999.0. HVAC equipment only inspections start at $299 for local (within one hour one-way drive) assignments.

· 10-State Coverage Area.

· All of our employees and associates are subjected to full FBI background investigations and security clearance.

RAILING FAILURES AND NEW YORK CITY FAÇADE INSPECTIONS UNDER FISP (LOCAL LAW 11)

RAILING FAILURES AND NEW YORK CITY FAÇADE INSPECTIONS UNDER FISP (LOCAL LAW 11)
https://sites.google.com/site/metropolitanforensics/cause-of-railing-failures





FISP (Local Law 11/98) Requirements


New York City’s “Facade Inspection Safety Program” (FISP), also known as Local Law 11/98, requires that owners of buildings exceeding six stories in height inspect their exterior walls and appurtenances (such as balconies and guardrail systems) at an interval of every five years in order to assure that all aspects of the façade are in a safe condition. The NYC Department of Buildings (DOB) requires that the owner retain the consulting services of a Qualified Exterior Wall Inspector (QEWI), who provides the client with a comprehensive evaluation of the building facade by conducting visual inspections of the exterior of a building to determine whether the exterior walls and its appurtenances are either Safe, Unsafe, or Safe With A Repair and Maintenance Program (SWARMP) and whether they require remedial work. It is important to note that the QEWI (such as a professional engineer) is only responsible for noting visual deficiencies in the building façade - Local Law inspections do not involve any invasive or physical testing to confirm the structural stability and/or proper installation of an appurtenance, and merely note the perceived proper attachment of appurtenances to the building façade.

Railing Failures


In response to recent balcony accidents, New York City adopted new regulations for Local Law 11 inspection and filing. What many building owners might not realize is that they are at risk of incurring penalties – even if their last report was filed and accepted on time.


In 2010, New York City building officials undertook widespread evaluation of balcony safety after a man fell to his death when his balcony railing gave way. Inspection teams visited over 500 buildings and closed balcony access at many, focusing primarily on structures for which the owners had not filed required facade safety reports. The Facade Inspection Safety Program (FISP), commonly called “Local Law 11” after the 1998 ordinance, is intended to prevent such casualties, and the not City Council launched a campaign to strengthen and better enforce the law.


Then, last summer, a woman died after falling from the balcony of a 17th-story apartment. The railing outside the woman’s condo was not up to code, and had been installed without welded rivets, which popped out when she leaned against it. Railings, which are usually aluminum or steel, can deteriorate with time, so it is important to check for signs of rusting. You can also test the strength of railings and making sure balcony railings are properly secured against upward movement.





The broken balcony railing from last August’s accident

The NYC Council then immediately voted to amend the FISP to specifically require railing assessment for balcony, terraces, roofs and even some fire escapes as part of the mandated facade inspections. Rather than wait to implement the change until the next filing cycle begins in 2015, the amended rule requires that owners re-inspect balconies and file a statement in the form of a letter indicating that the handrail and guard assemblies have been inspected and they have been found to comply with SAFE, UNSAFE or Safe with a Repair and Maintenance Program (SWARMP) status. The FISP Unit requirement for the letter statement regarding the Guards and Handrails and in particular balcony inspections applies to Cycle 7. Cycle 7 FISP inspections close out on Feb 20th 2015. The Guard and Handrail letter statements are to be submitted no later than February 2, 2015. Letter statements are to be signed/sealed by the inspecting engineer or architect and signed by the owner or owner’s representative.





Rusted railing in NYC

After Feb 21st, 2015, Cycle 8 commences and the inspection requirements will be incorporated into the FISP Cycle 8 report. Per the intent of Rule §103-04, structural soundness of handrails and guards must be given a status of Safe, SWARMP, or Unsafe. Code compliance can be stated for handrails and guards. If handrail and guard assemblies were non-compliant at the time of original construction, the condition remains non-compliant per code upon which building was erected (as opposed to subsequent codes and current codes). Note that unless substantially altered, code compliance is to comply with the 2008 Administrative Code provisions that permits the lawful use of existing buildings based on the codes under which the buildings were constructed.

New York City Building Code requires that railings and parapets around stairwells, balconies, areaways, roofs, and other railings in similar locations shall be designed to resist the simultaneous application of a lateral force of fifty (50) pounds per linear foot (plf) and a vertical load of fifty (50) plf, both applied to the top of the railing.


Metropolitan’s Inspections

After a brutal winter, it is important to perform a thorough inspection of the railings. Snow, freezing rain and ice can severely deteriorate the surface of concrete balconies and terraces. Water infiltration through the concrete decks can cause rust accumulation on the steel reinforcement within the concrete. Rust jacking will then cause cracks and spalls in the concrete particularly where insufficient cover exists. This causes significant concern at the balcony edges where the concrete is exposed on three sides and the potential for an unsafe condition from falling concrete is greatest. If this condition is identified early moderate repairs including installation of a new deck coating can prevent significant structural repairs down the road.




Balcony railings may have become loose or unstable over the winter due to deteriorated concrete around the railing posts and\or failure of the railing post anchors. The tragic death of Connor Donohue, this time last year, is a severe example of the risks associated with loose or damaged railings.

We recommend that all property owners and managers inspect all balconies and terraces as soon as possible. A visual inspection of the balcony surfaces and railing connections should be performed as well as physically checking the railings for stability. Additionally all residents with balconies and terraces should be asked to inspect the same and report any deficiencies immediately.






Based on our inspections of the railings, we found areas that had quite a bit of rust and were easily shaken. If there are problems found with balconies during the inspection, the cost to fix it will vary. Repairs could be as simple as replacing screws or as complicated as replacing masonry or new posts and railings. A common area for problems is the "pitch pocket," the area in which the railing meets the deck, where water often sits, corroding the metal post. See an example figure below.

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