Month: August 2022

Construction Defects Evaluation

Basic Fact Pattern
  • Defendant had installed an asphalt shingle roof and performed pest remediation services on the dwelling
  • The residence had severe damage to its exterior envelope
  • Alleged damages to the residence were the result of poor workmanship of the defendant
Investigative Steps Taken
  • Dwelling was visually inspected
  • Unmanned Aerial Vehicle employed to document areas unsafe for human beings
  • Comprehensive study of building history was performed
  • Detailed code and product analysis was performed
  • In-depth analysis of opposing repair estimate made
  •  
Determinations Made
  • The roofing material was not installed properly and would require replacement
  • The extensive damages to the exterior envelope were historic in nature and not the result of defendant’s faulty workmanship
  • Litigation support services were also provided throughout the mediation process
  •  

Construction Underpinning Failure Damage Evaluation

Basic Fact Pattern
  • Catastrophic damage to a building adjacent to a demolition and new construction site.
  • The adjacent building suffered a severe underpinning failure after the demo was completed and the construction was in progress.
  • The local municipality demolished the adjacent building after condemning it.
  • The insured underpinning contractor had allegedly performed improper excavation and underpinning, including a lack of dewatering, leading to the underpinning failure.
  • There were numerous conflicting elements of testimony and documentation amongst the multiple other involved parties warranting further investigation.
Investigative Steps Taken
  • Severely damaged building was inspected, along with the adjacent construction site.
  • Extensive testimony and documentation was performed, in order to produce a timeline of verifiable facts.
  • Drawings and geotechnical information were analyzed for appropriateness of the underpinning design.
  • On-site photos and daily construction logs were analyzed to determine the work actually performed in the field and the timing of the same.
  • Extensive comparative analysis was performed to determine the truth of the matter.
Determinations Made
  • The engineer responsible for the design and inspection of the underpinning was practicing engineering outside of his technical competence.
  • Both the structural and geotechnical design of the underpinning were insufficient for its intended purpose.
  • The in-field direction provided by the engineer to the underpinning subcontractor directly led to the catastrophic underpinning failure.
  • The engineer also falsified records submitted to the municipality, resulting in reporting to the local engineering board for disciplinary action.
Involved Experts: 

Bowlus is Recalling Certain 2021-2022 Terra Firma and Endless Highways Performance Edition Trailers

NHTSA Campaign Number: 22V601000

Manufacturer Bowlus Road Chief LLC

Components EQUIPMENT

Potential Number of Units Affected 2

Summary

Bowlus Road Chief LLC (Bowlus) is recalling certain 2021-2022 Terra Firma and Endless Highways Performance Edition trailers. The service valves on the LPG tanks may be improperly connected, which can cause a propane leak.

Remedy

Dealers will inspect and replace the service valves, as necessary, free of charge. Owner notification letters are expected to be mailed in August 2022. Owners may contact Bowlus’ customer service at 1-805-366-6523. Bowlus’s number for this recall is REGO-MANCHESTER.

Notes

Owners may also contact the National Highway Traffic Safety Administration Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to www.nhtsa.gov.

Dynamite Manufacturing DBA Man Cave RV (Man Cave RV) is Recalling Certain 2018-2020 Toy Haulers

NHTSA Campaign Number: 22V628000

Manufacturer Dynamite Manufacturing DBA Man Cave RV

Components EQUIPMENT

Potential Number of Units Affected 141

Summary

Dynamite Manufacturing DBA Man Cave RV (Man Cave RV) is recalling certain 2018-2020 Toy Haulers, size 10 feet to 46 feet, equipped with Dometic 3-burner cooking stoves. The saddle valve securing bolt may be overtightened, possibly damaging the o-ring seal and causing a continuous gas leak.

Remedy

Dealers will install a remedy kit of gaskets, washers, thread locker bolts, and two round orange labels, free of charge. Owner notification letters are expected to be mailed October 3, 2022. Owners may contact Man Cave RV customer service at 1-480-357-3863.

Notes

Owners may also contact the National Highway Traffic Safety Administration Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to www.nhtsa.gov.

Pleasure Way is Recalling Certain 2021-2022 Plateau FL, Rekon, Ontour 2.2, Ontour 2.0, Ascent and Tofino Motorhomes

NHTSA Campaign Number: 22V616000

Manufacturer Pleasure Way Industries, Ltd.

Components ELECTRICAL SYSTEM

Potential Number of Units Affected 1,237

Summary

Pleasure Way Industries, Ltd. (Pleasure Way) is recalling certain 2021-2022 Plateau FL, Rekon, Ontour 2.2, Ontour 2.0, Ascent and Tofino motorhomes. The DCF 4 circuit board is labeled for 30 amps, while the pins for the fuse holder are only rated for 20 amps, which can overload the circuit board and cause the fuse or wiring to overheat or melt.

Remedy

Dealers will relabel the DCF4 circuit board, free of charge. Owner notification letters are expected to be mailed August 29, 2022. Owners may contact Pleasure Way’s customer service at 1-800-364-0189.

Notes

Owners may also contact the National Highway Traffic Safety Administration Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to www.nhtsa.gov

BMW is Recalling Certain 2018 540d xDrive Vehicles

NHTSA Campaign Number: 22V614000

Manufacturer BMW of North America, LLC

Components ENGINE AND ENGINE COOLING

Potential Number of Units Affected 298

Summary

BMW of North America, LLC. (BMW) is recalling certain 2018 540d xDrive vehicles equipped with an Exhaust Gas Recirculation (EGR) module with an integrated cooler. The EGR cooler may leak internally, causing coolant to mix with diesel engine soot, which could result in smoldering particles and a melting intake manifold.

Remedy

Dealers will replace the EGR module, and the intake manifold will be inspected and replaced, if necessary, free of charge. Owner notification letters are expected to be mailed on October 3, 2022. Owners may contact BMW customer service at 1-800-525-7417.

Notes

Owners may also contact the National Highway Traffic Safety Administration Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to www.nhtsa.gov.

Newmar is Recalling Certain 2022 Mountain Aire, Dutch Star, Ventana, 2021-2023 Bay Star, Canyon Star, and 2022-2023 Kountry Star, and Bay Star Sport Motorhomes

NHTSA Campaign Number: 22V584000

Manufacturer Newmar Corporation

Components EQUIPMENT

Potential Number of Units Affected 617

Summary

Newmar Corporation (Newmar) is recalling certain 2022 Mountain Aire, Dutch Star, Ventana, 2021-2023 Bay Star, Canyon Star, and 2022-2023 Kountry Star, and Bay Star Sport motorhomes. The service valves on the LPG tanks may be improperly connected, which can cause a propane leak.

Remedy

Dealers will inspect and replace the service valves, as necessary, free of charge. Owner notification letters are expected to be mailed on October 03, 2022. Owners may contact Newmar’s customer service at 1-800-731-8300.

Notes

Owners may also contact the National Highway Traffic Safety Administration Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to www.nhtsa.gov.

Newmar is Recalling Certain 2022 Super Star, Ventana, 2022-2023 New Aire, Essex, Dutch Star, and Mountain Aire Motorhomes

NHTSA Campaign Number: 22V583000

Manufacturer Newmar Corporation

Components EQUIPMENT, FUEL SYSTEM, DIESEL

Potential Number of Units Affected 92

Summary

Newmar Corporation (Newmar) is recalling certain 2022 Super Star, Ventana, 2022-2023 New Aire, Essex, Dutch Star, and Mountain Aire motorhomes equipped with International Thermal Research powered heaters. These heaters could have an incorrect fuel line installed that may leak.

Remedy

Dealers will inspect and replace the fuel line as needed, free of charge. Owner notification letters are expected to be mailed on October 03, 2022. Owners may contact Newmar’s customer service at 1-800-731-8300.

Notes

Owners may also contact the National Highway Traffic Safety Administration Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to www.nhtsa.gov.

E-One is Recalling Certain 2019-2022 Fire Trucks

NHTSA Campaign Number: 22V538000

Manufacturer E-One Incorporated

Components ELECTRICAL SYSTEM

Potential Number of Units Affected 78

Summary

E-One Incorporated (E-One) is recalling certain 2019-2021 Cyclone 2, 2020 Commercial, Quest 2, 2020-2021 Typhoon, 2021 Cyclone N, and 2020-2022 Typhoon N fire trucks. The neutral screw connection within the QO Plug-On Neutral Load Center may be loose. If that connection is loose, the affected load center can overheat.

Remedy

Dealers will inspect and repair, or replace the load center, free of charge. Owner notification letters are expected to be mailed on August 22, 2022. Owners may contact E-One’s customer service at 1-352-237-1122.

Notes

Owners may also contact the National Highway Traffic Safety Administration Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to www.nhtsa.gov.