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Filing # 138924859 E-Filed 11/19/2021 04:34:43 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
VILLAS AT EMERALD LAKE HOMEOWNERS
ASSOCIATION, INC., a Florida not for profit
corporation;
Plaintiff,
Vv. Case No.: 2020-CA-002942
ROYAL OAK HOMES, LLC, a Florida limited liability
company; ADVANCED WRAPPING AND
CONCRETE SOLUTIONS OF CENTRAL FLORIDA,
INC., a Florida corporation; DON KING’S
CONCRETE, INC., a Florida corporation; HUGH
MACDONALD CONSTRUCTION, INC., a Florida
corporation; IMPERIAL BUILDING CORPORATION,
a Florida corporation; PREMIER PLASTERING OF
CENTRAL FLORIDA, INC. N/K/A TGK STUCCO,
INC., a Florida corporation; WEATHERMASTER
BUILDING PRODUCTS, INC., a Florida corporation;
WEINTRAUB INSPECTIONS & FORENSICS, INC.
N/K/A WEINTRAUB ENGINEERING AND
INSPECTIONS, INC., a Florida corporation; THE
DIMILLO GROUP, LLC, a Florida limited liability
company; WOLF’S IRRIGATIONS &
LANDSCAPING, INC., a Florida corporation;
SUMMERPARK HOMES, INC., a Florida
corporation; BROWN + COMPANY
ARCHITECTURE, INC., a Florida corporation,
Defendants.
/
ROYAL OAK HOMES, LLC, a Florida limited liability
company;
Crossclaim Plaintiff,
Vv.
ADVANCE WRAPPING AND CONCRETE
SOLUTIONS OF CENTREL FLORIDA, INC., a
Florida Corporation; DON KING’S CONCRETE,
INC., a Florida Corporation; HUGH MACDONALD
CONSTRUCTION, INC., a Florida corporation;
IMPERIAL BUILDING CORPORATION, a Florida
corporation; PREMIER PLASTERING OF CENTRAL
FLORIDA, INC. N/K/A TGK STUCCO, INC., a
Florida corporation; WEATHERMASTER BUILDING
PRODUCTS, INC., a Florida corporation;
WEINTRAUB INSPECTIONS & FORENSICS, INC.
N/K/A WEINTRAUB ENGINEERING AND
INSPECTIONS, INC., a Florida corporation; WOLF’S
IRRIGATIONS & LANDSCAPING, INC., a Florida
corporation; BROWN + COMPANY
ARCHITECTURE, INC., a Florida corporation,
Crossclaim Defendants.
THIRD-PARTY DEFENDANT HUGH MACDONALD CONSTRUCTION, INC.’S
EXPERT WITNESS DISCLOSURE
COMES NOW Defendant/Crossclaim Defendant, HUGH MACDONALD.
CONSTRUCTION, INC. (“HMC”), by and through its undersigned counsel, in compliance with
the Court’s Case Management Order, and hereby files its expert witness disclosure as follows:
1 Robert J. Whitcomb, AIA, RRC, NCARB, CSI, CIT, RRP
C. B. Goldsmith and Associates, Inc.
13101 — 56" Court North, Suite 801
Clearwater, FL 33760
Mr. Whitcomb is expected to render an expert opinion regarding the defects alleged by
Plaintiff, VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION, INC., and Crossclaim
Plaintiff, ROYAL OAK HOMES, LLC; provide testimony to rebut the opinions of Plaintiff's,
Crossclaim Plaintiffs and/or any other party's experts regarding HMC’s work on the subject
project alleged to be defective or deficient; HMC’s compliance with the applicable industry
standards of care and building codes; and provide opinions regarding the scope and potential
costs of remediation, if any.
Mr. Whitcomb will base his opinions on his training, experience, and review of the file
materials, including reports, written discovery, testimony, project documents, contracts,
pleadings, photos and videos, and applicable building codes. Mr. Whitcomb’s expert report and
curriculum vitae are attached hereto as Exhibit “A.”
HMC reserves the right to rely upon the opinions or testimony of other expert witnesses
retained or otherwise identified by any other party.
HMC further reserves the right to amend and/or supplement this disclosure as discovery
continues.
BUTLER WEIHMULLER KATZ CRAIG LLP
Oso, 19 a < A gtd >
DENISE M. ANDERSON, ESQ.
Florida Bar No.: 0029602
danderson@butler.legal
ASHLEY M. MATTINGLY, ESQ.
Florida Bar No.: 106094
matting! butler. legal
Secondary: jjacobs@butler.legal
rjorge@butler.legal
400 N. Ashley Drive, Suite 2300
Tampa, Florida 33602
Attorneys for Defendant/Crossclaim Defendant, Hugh
MacDonald Construction, Inc.
CERTIFICATE OF SERVICE
| certify that the foregoing instrument was served utilizing the Court’s e-filing portal
and e-service on November 19, 2021 to all counsel of record.
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ASHLEY M. MATTINGLY, ESQ.
EXHIBIT A
EXPERT SUMMARY OF FINDINGS
Related to:
Case No: 2020-CA-002942-ON
Plaintiff:
Villas at Emerald Lake Homeowners Association, Inc.
Defendant:
Hugh MacDonald Construction, Inc.
Project Address:
Villas of Emerald Lake
Kissimmee, Osceola County, Florida
Prepared for:
Butler Weihmuller Katz Craig LLP
400 N. Ashley Drive, Suite 2300
Tampa, FL 33602
CBG&A Project No. 202105
Report Date: November 19, 2021
Prepared by:
6 oes
C. B. GOLDSMITH AND ASSOCIATES, INC.
2555 Nursery Road
Clearwater, Florida 33764
Phone: 727.540.0456
rwhitcomb@cbgoldsmith.com
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ese
FILENAME: 202105 Emerald Lake v MacDonald_11-19-21_Report of Findings.wpd
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IDENTIFICATION OF SUBJECT PROPERTY
STREET MAP
AERIAL PHOTOGRAPH
SCOPE AND PURPOSE
DATE OF THIS REPORT.
REPORT PREPARED BY.
AUTHOR(S)
REPORT PREPARED FOR
DEFENDANT.
DEVELOPERS ..
COMPLAINT(S)
EXECUTIVE SUMMARY
ABBREVIATIONS AND GLOSSARY OF TERMS. 5-7
JURISDICTION
APPLICABLE CODES
APPLICABLE REFERENCE STANDARDS 7-8
WIND LOADS
FLORIDA BUILDING CODE REQUIREMENTS. 9-13
ASPHALT SHINGLE ROOF SYSTEMS 13-14
DOCUMENTS REVIEWED. 15-26
REMAINING USEFUL SERVICE LIFE. 26-27
STANDARD OF CARE ALLEGATION 27-28
CONCLUSIONS 28-29
QUALIFICATIONS OF THIS REPORT. 30-31
EXHIBITS
A Curriculum Vitae of Robert Whitcomb, AIA
B. ASTM D 3462 - 01e1, Standard Specification for Asphalt Shingles Made from Glass Felt and
Surfaced with Mineral Granules
Cc ASTM D 3161 - 99a, Standard Test Method for Wind-Resistance of Asphalt Shingles
(Fan-Induced Method)
ASTM D 7158 - 05, Standard Test Method for Wind Resistance of Sealed Asphalt Shingles
(Uplift Force/Uplift Resistance Method)
Certainteed Test Report of products that are currently listed with Underwriters
Laboratories Inc., dated 01/20/2003
CBG: 202105
IDENTIFICATION OF Villas of Emerald Lake
SUBJECT PROPERTY: Kissimmee, Osceola County, Florida
Street Map: Street Map obtained frot Google Maps
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Aerial Photograph: Aerial photo retrieved from: Google Maps
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Not to Scale Lat: 28°12'50.2"N, Long: 81°28'35.8"W
OF DING igh MacDoi
C. B. Goldsmith and Associates, Inc. was retained by Butler
Weihmuller Katz Craig LLP on behalf of Hugh MacDonald
Construction to:
Review and assess all documents received and provide
commentary appropriate to the purported issues;
Provide a technical critique and comparison of fact
regarding the alleged elements of the case.
Offer an opinion and testimony related to the alleged
defects of the roofing work performed resulting in
damages to the townhomes.
Offer an opinion and testimony regarding the standard
of care and work provided by the subject Roofing
Contractor;
Prepare a written report of our Summary of Findings;
November 19, 2021
D BY: C, B. GOLDSMITH AND ASSOCIATES, INC. (CBGA)
License No.: AR-94537
2555 Nursery Road
Clearwater, FL 33764
Phone: (727) 540-0456
rwhitcomb@cbgoldsmith.com
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ORT PREPARED BUTLER WEIHMULLER KATZ CRAI: CXR Te
400 N. Ashley Drive, Suite 2300
Tampa, FL 33602
Ashley M. Mattingly, Esq.
OF DING igh MacDoi
EFI HUGH MACDONALD CONSTRUCTION, INC. (Hugh MacDonald)
10825 Tom Folsom Road, Suite A
Thonotosassa, FL 33592.
AVH ACQUISITIONS, LLC, DBA ROYAL OAKS HOMES, LLC (ROH)
2420 South Lakemont Ave., Suite 450
Orlando, FL 32814
THE DIMILLO GROUP
1355 S. International Parkway, Suite 2461
Lake Mary, FL 32746,
According to the Complaint, the following defects and
deficiencies associated with the Hugh MacDonald’s work
include, but are not limited to, the following:
Missing/insufficient 4" cement over edge flashing flange;
Shingles not adhered or cemented to edge flashing;
Shingles do not overhang edge flashing;
Shingles do not overhang eave;
Improper starter shingle installation;
Underlayment short of edge metal ;
Improper number/spacing of shingle fasteners;
Overdriven shingle fasteners;
Unsealed/missing diverter at confined rake termination;
Water intrusion through roof and related components.
The Complaint also alleges Hugh MacDonald breached its duty
to the Association by failing to correctly construct and perform
its scope of work on the Townhomes in compliance with the
permitted plans and specifications, the applicable building
codes, manufacturers recommendations, and ina manner such
that its scope of work would not damage other property,
including other trades scopes of work.
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EXECUTIVE SUMMARY: The purpose of this evaluation was to review and assess all
documents received and provide commentary appropriate to
the purported/alleged issues. The comments and conclusions
contained in this Summary Report of Findings are the
professional opinions of C. B. Goldsmith and Associates, Inc.
The existing shingles were secured to the roof sheathing
in compliance with the minimum requirements of the
Florida Building Code, the manufacturer’s recom-
mendations, and all related industry standards and
reference documents.
Statements that violations and deviations related to the
shingle applications resulted in sustained and ongoing
weather-related damage to the buildings are portentous
and subject to investigation bias.
The reported test locations appearto have been selected
based on conditions reported, observed and/or known to
be in distress or with a history of repair.
The sampling method described is not representative of
the existing conditions and we question the reliability of
the conclusions based on such a limited population.
The type and number of purported defects observed is
completely manageable and can be addressed under
normal maintenance activities.
We find the information presented in the Plaintiff
expert’s reportto be subjective; findings and conclusions
are not based on valid evidence or sampling; and the
opinions cannot be reasonably assessed for reliability.
It is also our opinion that the information outlined in the
production documents does not accurately demonstrate how
the Defendant failed in their duty to install their work in
accordance with the Florida Building Code or that the Work
was not performed in a workmanlike manner. It is the
conclusion of this report that the work provided by the
Defendant is consistent with standard roofing practice and the
minimum requirements of the Code.
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ABBREVIATIONS CBGA. C. B. Goldsmith and Associates, Inc.
his AHJ. Authority Having Jurisdiction. An organization, office, or
individual responsible for enforcing the requirements of a code
or standard, or for approving equipment, materials, an
installation, or a procedure.
ARMA. Asphalt Roofing Manufacturers Association. ARMA is
a trade association representing the majority of North
America's asphalt roofing manufacturing companies, plus their
raw material suppliers.
FBC. Florida Building Code. The FBC is the single statewide
code adopted and maintained by the Florida Building
Commission. The FBC, which became effective March 1, 2001,
supersedes all local codes. The FBC is based on national model
codes and consensus standards for the design and construction
of buildings as amended for Florida needs. The Code integrates
plumbing, air conditioning, electrical and building codes with
public school, energy and accessibility codes, and state
regulations for facility licensing. When distinctive local
conditions are not specifically addressed or a jurisdiction
believes that code provisions need to be updated, then
amendments can be added. However these amendments will
only be accepted if they are more stringent than the existing
codes.
NRCA. National Roofing Contractors Association. Established
in 1886, NRCA is one of the construction industry's oldest and
most respected trade associations and the voice of
professional roofing contractors worldwide. NRCA provides a
wide range of information and services to help homeowners
and building owners make informed decisions about replacing
and maintaining their roof systems.
Building Permit. An authorization granted by the agency
having jurisdiction to an applicant to proceed with
construction on a specific project. (ASTM £631)
Deck. The surface installed over the structural framing
members to which roofing is applied. Another name for
sheathing. May be of wood boards, plywood or other
approved material.
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Defect. The non-conformity of the result of a test for the
specification for a characteristic. In Building Pathology, used
sometimes as a synonym of ‘failure’, but preferred meaning is
to indicate only a deviation from some (perceived) standard
which may, but will not necessarily result in a failure.
Failure. The termination of the ability of an item to performa
required function.
Head Lap. 1.) The dimension by which the overlap of the nose
end of a tile covers the head end of tile in the row of tiles
immediately under it. 2.) The dimension by which a course of
the underlayment overlaps the preceding course.
Lap. That part of a roofing membrane which overlaps or
covers any portion of another section of membrane which is
then sealed to form a water-tight connection.
Repair. The reconstruction or renewal of any part of an
existing building for the purpose of its maintenance. (2014
FBC, Section 202)
Sheathing. Exterior grade wood boards used as a roof deck
material.
Slope. As a measurement is the ratio of the rise of roof to the
span of the building. It indicates the incline of a roofas a ratio.
The ratio of the vertical rise to twice the horizontal run (span).
For example if the rise of a roof is 4 ft. and the run is 12 ft., the
roof is designated as having a slope of 4 in 12 or 4:12.
Square. Roofing is estimated and sold by the square. A square
of roofing is the amount required to cover 100 sq. feet of roof
surface.
Steep-Slope Roofs. A category of roofs that generally include
water-shedding types of roof coverings installed on slopes
greater than 3:12 (14 degrees).
Substrate. The surface upon which the roofing or
waterproofing membrane is placed (i.e. structural deck,
plywood or insulation).
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Underlayment. Asphalt saturated nonperforated felt used
beneath roofing to provide additional protection for the deck.
According to the NRCA, an underlayment performs two
primary functions: it provides temporary weather protection
until a roof covering is installed, and it provides a secondary
weatherproofing barrier should moisture infiltrate the asphalt
shingles.
Osceola County Building Office
1 Courthouse Square, Suite 1400
Kissimmee, FL 34741
Phone: 239-321-7925
PPI BLE CODE(S According to the permit application dates in the production
documents and Drawing notes, the Subject Property was
constructed under the 2004, 2010, and 2014 Florida Buildings
Code-Residential (FBC-R), and the 2006 Supplements to the
2004 Florida Building Code-Residential.
PP! The following Reference Standards (with edition dates)
are specified in Chapter 43 of the 2004 and 2010 Florida
Building Code—Residential and Chapter 46 of the 2014 Florida
Building Code-Residential are applicable to this project:
ASCE 7-02 (2006 Supplements to the 2004 FBC-R)
ASCE 7-10 (2010 and 2014 FBC-R)
American Society of Civil Engineers, Minimum Design
Loads for Buildings and Other Structures.
ASTM D 3462-01e01 (2004 FBC-R) - Refer to Exhibit B
ASTM D 3462-07 (2010 FBC-R)
ASTM D 3462-09 (2014 FBC-R)
Standard Specification for Asphalt Shingles Made from
Glass Felt and Surfaced with Mineral Granules.
ASTM D 3161-99a (2004 FBC-R) - Refer to Exhibit C
ASTM D 3161-06 (2010 FBC-R)
ASTM D 3161-09 (2014 FBC-R)
Standard Test Method for Wind Resistance of Asphalt
Shingles (Fan Induced Method) Modified to 110 mph
Wind Velocity.
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ASTM D 7158-05 (2006 Supplements to the 2004 FBC-R) -
Refer to Exhibit D
ASTM D 7158-07 (2010 FBC-R)
ASTM D 7158-08d (2014 FBC-R)
Standard Test Method for Wind Resistance of Sealed
Asphalt Shingles (Uplift Force/Uplift Resistance Method).
The Design Criteria at the Subject Property is as follows:
Hurricane-Prone Region (per 2010 & 2014 FBC-R) Yes
Wind-Borne Debris Region No
Wind Exposure “Br”
Building Category .. ll
Internal Pressure Coefficient +/- 0.18
Building Enclosure. . Enclosed
According to the design requirements in the Drawings subject
to the 2006 Supplements to the 2004 FBC-R, the Basic Wind
Speed for the Subject Property is 120 mph. The component
and cladding design wind load pressures per ASCE 7-02 are as
follows:
Roofs >7 to 27 degrees Roofs >27 to 45 degrees
Zone 1: -27.9 psf Zone 1: -30.5 psf
Zone 2: -48.6 psf Zone 2: -35.6 psf
Zone 3: -71.8 psf Zone 3: -35.6 psf
According to the design requirements in the Drawings subject
to the 2010 and 2014 FBC-R, the Ultimate Wind Speed (V,,,) for
the Subject Propertyis 150 mph. The component and cladding
design wind load pressures per ASCE 7-10 are as follows:
Roofs >7 to 27 degrees Roofs >27 to 45 degrees
Zone 1: -26.2 psf™ Zone 1: -24.3 psf
Zone 2: -45.5 psf Zone 2: -28.4 psf”
Zone 3: -67.3 psf™ Zone 3: -28.4 psf
Note (1): The C&C wind loads (above) have been multiplied by
0.6 to convert to allowable stress design (ASD).
It should be noted that the Design Wind Speed for this location
under the 2010 FBC-R and the 2014 FBC-R was increased to
150 mph, but the wind speed was only 136 mph and would not
have triggered the wind-borne debris region requirements.
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DING The following requirements specified in the 2004 FBC-R and
UIRE the 2006 Supplements to the 2004 FBC-R for the installed
asphalt shingle roof system apply to the Work of this project:
R301.2.1.1 Design criteria. Construction in regions where the
basic wind speeds from Figure R301.2(4) equal or exceed 100
miles per hour (160.9 km/h) shall be permitted to be designed
in accordance with one of the following:
2 Minimum Design Loads for Buildings and Other
Structures (ASCE-7);
R903.1 General. Roof decks shall be covered with approved
roof coverings secured to the building
structure in or
accordance with the provisions Roof
of this chapter.
assemblies shall be designed and installed in accordance with
this code and the approved manufacturer's installation
instructions such that the roof assembly shall serve to protect
the building or structure.
R903.2 Flashing. Flashings shall be installed in such a manner
so as to prevent moisture entering the wall and roof through
joints in copings, through moisture permeable materials, and
at intersections with parapet walls and other penetrations
through the roof plane.
R903.2.1 Locations. Flashings shall be installed at wall and roof
intersections; wherever there is a change in roof slope or
direction; this requirement does not apply to hip and ridge
junctions, and around roof openings. Where flashing is of
metal, the metal shall be corrosion resistant with a thickness
not less than provided in Table 903.1.
R905.1 Roof covering application. Roof coverings shall be
applied in accordance with the applicable provisions of this
section and the manufacturer’s installation instructions.
R905.2.3 Underlayment. Unless otherwise noted, required
underlayment shall conform with D226 Type | or Type Il, ASTM
D4869 Type | or Type II, or ASTM D6757. Self-adhering polymer
modified bitumen sheet shall comply with ASTM D1970.
R905.2.6 Attachment. Asphalt shingles shall have the
minimum number of fasteners required by the manufacturer,
but not less than four fasteners per strip shingle or two
. 202105
fasteners per individual shingle. Where the roof slope, exceeds
21 units vertical in 12 units horizontal (21:12), shingles shall be
installed as required by the manufacturer.
R905.2.6.1 Wind Resistance of Asphalt Shingles. Asphalt
Shingles shall be classified in accordance with ASTM D3161,
TAS 107 or ASTM D7158 to resist the basic wind speed per
Figure R301.2 (4). Shingles classified as ASTM D3161 Class D or
classified as ASTM D7158 Class G are acceptable for use in the
100-mph wind zone. Shingles classified as ASTM D3161 Class
F, TAS107 or ASTM D7158 Class H are acceptable for use in all
wind zones. Asphalt shingle wrappers shall indicate compliance
with one of the required classifications as shown in Table
R905.2.6.1.
Table R905.2.6.1
Wind Resistance of Asphalt Shingles
Maximum Basic Wind
Speed MPH Classification
(per Figure R301.2(4)
100 ASTM D3161Class D or
ASTM D7158 Class G or TAS 107
110 ASTM D3161Class F or
ASTM D7158 Class G or TAS 107
120 ASTM D3161Class F or
ASTM D7158 Class G or TAS 107
130 ASTM D3161Class F or
ASTM D7158 Class H or TAS 107
140 ASTM D3161Class F or
ASTM D7158 Class H or TAS 107
150 ASTM D3161Class F or
ASTM D7158 Class H or TAS 107
R905.2.7 Underlayment application. For roof slopes of four
units vertical in 12 units horizontal (33-percent slope) or
greater, one layerof underlayment complying with ASTM D226
Type! or Type Il, ASTM D4869 Type | or Type Il, or ASTM D6757
shall be applied in the following manner:
Underlayment shall be applied shingle fashion, parallelto
and starting from the eave and lapped 2 inches (51 mm).
End laps shall be offset by 6 feet (1829 mm)
Corrosion resistant fasteners are to be applied along the
overlap at a maximum spacing of 36 inches (914 mm) on
center.
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R905.2.8.6 Drip edge. Provide drip edge at eaves and gables of
shingle roofs. Overlap to be a minimum of 3 inches (76 mm).
Eave drip edges shall extend % inch (13 mm) below sheathing
and extend back on the roof a minimum of 2 inches (51 mm).
Drip edge at eaves shall be permitted to be installed either
over or under the underlayment. If installed over the
underlayment, there shall bea minimum 4 inch(51mm) width
of roof cement installed over the drip edge flange. Drip edge
shall be mechanically fastened a maximum of 12 inches (305
mm) on center. Where the basic wind speed per Figure
R301.2(4) is 110 mph (177 km/h) or greater or the mean roof
height exceeds 33 feet (10 058 mm), drip edges shall be
mechanically fastened a maximum of 4 inches (102 mm) on
center.
Chapter 43 - Referenced Standards
ASCE 7—02 Minimum Design Loads for Buildings and Other
Structures;
The following requirements specified in the 2010 FBC-R for the
installed asphalt shingle roof system apply to the Work of this
project (where different):
R905.2.6 Attachment. Asphalt shingles shall have the
minimum number of fasteners required by the manufacturer,
but not less than four fasteners per strip shingle or two
fasteners per individual shingle. Where the roof slope exceeds
21 units vertical in 12 units horizontal (21:12, 175 percent
slope), shingles shall be installed as required by the
manufacturer.
R905.2.6.1 Wind Resistance of Asphalt Shingles. Asphalt
Shingles shall be classified in accordance with ASTM D3161,
TAS 107 or ASTM D7158 to resist the basic wind speed per
Figure R301.2(4). Shingles classified as ASTM D3161 Class D or
classified as ASTM D7158 Class G are acceptable for use in the
100-mph wind zone. Shingles classified as ASTM D3161 Class
F, TAS107 or ASTM D7158 Class H are acceptable for use in all
wind zones. Asphalt shingle wrappers shall indicate compliance
with one of the required classifications as shown in Table
R905.2.6.1.
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ge 1
Table R905.2.6.1
Wind Resistance of Asphalt Shingles
Classification of Asphalt Shingles
Vaca 2S
Maximum Basic
determined in
Wind Speed, V,,, ASTM ASTM
accordance
From Figure D7158 D3161
with Section
R301.2(4) R301.2.1.3
110 85 D,G, orH A, D, or F
116 90 D, G, orH A, D, or F
129 100 GorH A, D, or F
142 110 GorH F
155 120 GorH FE
168 130
181 140
194 150
R905.2.8.3 Sidewall flashing. Flashing against a vertical
sidewall shall be by the step-flashing method or continuous “L”
flashing method.
R905.2.8.5 Drip edge. Provide drip edge at eaves and gables of
shingle roofs. Overlap to be a minimum of 3 inches (76 mm).
Eave drip edges shall extend 1/2 inch (13 mm) below sheathing
and extend back on the roof a minimum of 2 inches (51 mm).
Drip edge at eaves shall be permitted to be installed either
over or under the underlayment. If installed over the
underlayment, there shall be a minimum 4inch (51 mm) width
of roof cement installed over the drip edge flange. Drip edge
shall be mechanically fastened a maximum of 12 inches (305
mm) on center. Where the V,,, as determined in accordance
with Section R301.2.1.3 is 110 mph (177 km/h) or greater or
the mean roof height exceeds 33 feet (10 058 mm), drip edges
shall be mechanically fastened a maximum of 4 inches (102
mm) on center.
Chapter 43 - Referenced Standards
ASCE 7—10 Minimum Design Loads for Buildings and Other
Structures (with Errata dated January 11, 2011);
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ge 1
The following requirements specified in the 2014 FBC-R for the
installed asphalt shingle roof system apply to the Work of this
project (where different):
R905.2.6.1 Wind resistance of asphalt shingles. Asphalt
Shingles shall be classified in accordance with ASTM D 3161,
TAS 107 or ASTM D 7158 to resist the basic wind speed per
Figure R301.2(4). Shingles classified as ASTM D3161 Class D or
classified as ASTM D7158 Class G are acceptable for use in the
100-mph wind zone. Shingles classified as ASTM D3161 Class
F, TAS107 or ASTM D7158 Class H are acceptable for use in all
wind zones. Asphalt shingle wrappers shall indicate compliance
with one of the required classifications as shown in Table
R905.2.6.1.
Table R905.2.6.1
Wind Resistance of Asphalt Shingles
Classification of Asphalt Shingles
V, as oq AS
Maximum Basic
determined in
Wind Speed, V,,, ASTM ASTM
accordance
From Figure D7158 D3161
with Section
R301.2(4) R301.2.1.3
110 85 D, G, orH D, or F
116 90 D,G, orH D, or F
129 100 GorH D, or F
142 110 GorH
155 120 GorH
168 130
181 140
194 150
SHINGLE Asphalt shingles are the most common roofing material used
in the United States today. They are manufactured as strip
shingles, laminated (multi-thickness shingles), interlocking
shingles, and large individual shingles in a variety of weights
and colors.
Shingles are essentially a water screen and are not considered
waterproof. There is an industry saying that the slope of any
. 202105
deck that is comfortable to walk on is too low a slope for
shingles. Very low sloped shingle installation requires a
waterproof underlayment that can maintain its integrity at
each of the many fastener holes that will be punched through
it.
The minimum slope recommended for laminated, no-cut-out,
and interlocking shingles is 33 percent (4:12). Use of slopes
greater than 33 percent is recommended to improve
durability. Standard application techniques may be used on 33
to 175 percent sloped decks, however, shingle applications on
175 percent (21:12) or greater slope requires dabs of
quick-drying adhesive under each shingle tab.
Most shingles are manufactured with strips or spots of a
factory-applied, self-sealing adhesive which is a thermoplastic
material activated by the heat of the sun after the shingle is on
the roof. Once installed, exposure to the sun’s heat allows the
adhesive to soften or activate and then form and cure, creating
strong adhesion between the overlying and underlying shingle
as temperatures cool. The precise amount of time a shingle
must be exposed to a certain minimum temperature before it
should seal properly is unclear. During the Spring, Summer and
Fall, this self-sealing action usually takes place within a few
days of the installation. In Winter, the self-sealing action varies
depending on the geographic location, roof slope and
orientation of the building on the site.
The effectiveness of the asphalt seal strip diminishes with
time. Since the sealant strip is an asphaltic compound, and
since asphalt deteriorates with time and exposure, the
effectiveness (adhesion) of a seal strip inherently decreases
with time. The rate of this gradually deteriorating performance
fluctuates widely from one shingle design to the next and from
infinite natural variables.
Irrelevant of how well it was installed and sealed, the olderan
asphalt shingle roof becomes, the more prone it is to being
damaged from wind. As a consequence of the effects of aging,
countless asphalt shingle roofs eventually
suffer damages from
winds that are far below what could be classified as “severe.”
As a result, most insurance carriers require their Florida
insured buildings having a asphalt shingle roof covering to be
replaced at a shorter duration than that stated in the roofing
warranty.
. 202105
JOCUMENTS REVIEWED: Referto Engineering Assessment Report, dated 04/02/2021, by
Marcon Forensics; 999 pages.
1.1 Thereport states that Marcon’s investigation uncovered,
“.a significant amount of construction performed in
violation of building code requirements, or in violation of
manufacturer’s installation requirements.” The report
also states that these violations and deviations resulted
in sustained and ongoing weather-related damage to the
buildings.
Commentary:
It is our opinion that these statements are portentous
and subject to investigation bias. The test locations
appear to have been selected
Preview
Filing # 138924859 E-Filed 11/19/2021 04:34:43 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION, INC., a Florida not for profit corporation; Plaintiff, Vv. Case No.: 2020-CA-002942 ROYAL OAK HOMES, LLC, a Florida limited liability company; ADVANCED WRAPPING AND CONCRETE SOLUTIONS OF CENTRAL FLORIDA, INC., a Florida corporation; DON KING’S CONCRETE, INC., a Florida corporation; HUGH MACDONALD CONSTRUCTION, INC., a Florida corporation; IMPERIAL BUILDING CORPORATION, a Florida corporation; PREMIER PLASTERING OF CENTRAL FLORIDA, INC. N/K/A TGK STUCCO, INC., a Florida corporation; WEATHERMASTER BUILDING PRODUCTS, INC., a Florida corporation; WEINTRAUB INSPECTIONS & FORENSICS, INC. N/K/A WEINTRAUB ENGINEERING AND INSPECTIONS, INC., a Florida corporation; THE DIMILLO GROUP, LLC, a Florida limited liability company; WOLF’S IRRIGATIONS & LANDSCAPING, INC., a Florida corporation; SUMMERPARK HOMES, INC., a Florida corporation; BROWN + COMPANY ARCHITECTURE, INC., a Florida corporation, Defendants. / ROYAL OAK HOMES, LLC, a Florida limited liability company; Crossclaim Plaintiff, Vv. ADVANCE WRAPPING AND CONCRETE SOLUTIONS OF CENTREL FLORIDA, INC., a Florida Corporation; DON KING’S CONCRETE, INC., a Florida Corporation; HUGH MACDONALD CONSTRUCTION, INC., a Florida corporation; IMPERIAL BUILDING CORPORATION, a Florida corporation; PREMIER PLASTERING OF CENTRAL FLORIDA, INC. N/K/A TGK STUCCO, INC., a Florida corporation; WEATHERMASTER BUILDING PRODUCTS, INC., a Florida corporation; WEINTRAUB INSPECTIONS & FORENSICS, INC. N/K/A WEINTRAUB ENGINEERING AND INSPECTIONS, INC., a Florida corporation; WOLF’S IRRIGATIONS & LANDSCAPING, INC., a Florida corporation; BROWN + COMPANY ARCHITECTURE, INC., a Florida corporation, Crossclaim Defendants. THIRD-PARTY DEFENDANT HUGH MACDONALD CONSTRUCTION, INC.’S EXPERT WITNESS DISCLOSURE COMES NOW Defendant/Crossclaim Defendant, HUGH MACDONALD. CONSTRUCTION, INC. (“HMC”), by and through its undersigned counsel, in compliance with the Court’s Case Management Order, and hereby files its expert witness disclosure as follows: 1 Robert J. Whitcomb, AIA, RRC, NCARB, CSI, CIT, RRP C. B. Goldsmith and Associates, Inc. 13101 — 56" Court North, Suite 801 Clearwater, FL 33760 Mr. Whitcomb is expected to render an expert opinion regarding the defects alleged by Plaintiff, VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION, INC., and Crossclaim Plaintiff, ROYAL OAK HOMES, LLC; provide testimony to rebut the opinions of Plaintiff's, Crossclaim Plaintiffs and/or any other party's experts regarding HMC’s work on the subject project alleged to be defective or deficient; HMC’s compliance with the applicable industry standards of care and building codes; and provide opinions regarding the scope and potential costs of remediation, if any. Mr. Whitcomb will base his opinions on his training, experience, and review of the file materials, including reports, written discovery, testimony, project documents, contracts, pleadings, photos and videos, and applicable building codes. Mr. Whitcomb’s expert report and curriculum vitae are attached hereto as Exhibit “A.” HMC reserves the right to rely upon the opinions or testimony of other expert witnesses retained or otherwise identified by any other party. HMC further reserves the right to amend and/or supplement this disclosure as discovery continues. BUTLER WEIHMULLER KATZ CRAIG LLP Oso, 19 a < A gtd > DENISE M. ANDERSON, ESQ. Florida Bar No.: 0029602 danderson@butler.legal ASHLEY M. MATTINGLY, ESQ. Florida Bar No.: 106094 matting! butler. legal Secondary: jjacobs@butler.legal rjorge@butler.legal 400 N. Ashley Drive, Suite 2300 Tampa, Florida 33602 Attorneys for Defendant/Crossclaim Defendant, Hugh MacDonald Construction, Inc. CERTIFICATE OF SERVICE | certify that the foregoing instrument was served utilizing the Court’s e-filing portal and e-service on November 19, 2021 to all counsel of record. ue ( rf < e ao ASHLEY M. MATTINGLY, ESQ. EXHIBIT A EXPERT SUMMARY OF FINDINGS Related to: Case No: 2020-CA-002942-ON Plaintiff: Villas at Emerald Lake Homeowners Association, Inc. Defendant: Hugh MacDonald Construction, Inc. Project Address: Villas of Emerald Lake Kissimmee, Osceola County, Florida Prepared for: Butler Weihmuller Katz Craig LLP 400 N. Ashley Drive, Suite 2300 Tampa, FL 33602 CBG&A Project No. 202105 Report Date: November 19, 2021 Prepared by: 6 oes C. B. GOLDSMITH AND ASSOCIATES, INC. 2555 Nursery Road Clearwater, Florida 33764 Phone: 727.540.0456 rwhitcomb@cbgoldsmith.com 102: old: ese FILENAME: 202105 Emerald Lake v MacDonald_11-19-21_Report of Findings.wpd ONT est Pag IDENTIFICATION OF SUBJECT PROPERTY STREET MAP AERIAL PHOTOGRAPH SCOPE AND PURPOSE DATE OF THIS REPORT. REPORT PREPARED BY. AUTHOR(S) REPORT PREPARED FOR DEFENDANT. DEVELOPERS .. COMPLAINT(S) EXECUTIVE SUMMARY ABBREVIATIONS AND GLOSSARY OF TERMS. 5-7 JURISDICTION APPLICABLE CODES APPLICABLE REFERENCE STANDARDS 7-8 WIND LOADS FLORIDA BUILDING CODE REQUIREMENTS. 9-13 ASPHALT SHINGLE ROOF SYSTEMS 13-14 DOCUMENTS REVIEWED. 15-26 REMAINING USEFUL SERVICE LIFE. 26-27 STANDARD OF CARE ALLEGATION 27-28 CONCLUSIONS 28-29 QUALIFICATIONS OF THIS REPORT. 30-31 EXHIBITS A Curriculum Vitae of Robert Whitcomb, AIA B. ASTM D 3462 - 01e1, Standard Specification for Asphalt Shingles Made from Glass Felt and Surfaced with Mineral Granules Cc ASTM D 3161 - 99a, Standard Test Method for Wind-Resistance of Asphalt Shingles (Fan-Induced Method) ASTM D 7158 - 05, Standard Test Method for Wind Resistance of Sealed Asphalt Shingles (Uplift Force/Uplift Resistance Method) Certainteed Test Report of products that are currently listed with Underwriters Laboratories Inc., dated 01/20/2003 CBG: 202105 IDENTIFICATION OF Villas of Emerald Lake SUBJECT PROPERTY: Kissimmee, Osceola County, Florida Street Map: Street Map obtained frot Google Maps e i De \e Ay \s \ We je \ nw blezit Brown Aerial Photograph: Aerial photo retrieved from: Google Maps | cs oaa Not to Scale Lat: 28°12'50.2"N, Long: 81°28'35.8"W OF DING igh MacDoi C. B. Goldsmith and Associates, Inc. was retained by Butler Weihmuller Katz Craig LLP on behalf of Hugh MacDonald Construction to: Review and assess all documents received and provide commentary appropriate to the purported issues; Provide a technical critique and comparison of fact regarding the alleged elements of the case. Offer an opinion and testimony related to the alleged defects of the roofing work performed resulting in damages to the townhomes. Offer an opinion and testimony regarding the standard of care and work provided by the subject Roofing Contractor; Prepare a written report of our Summary of Findings; November 19, 2021 D BY: C, B. GOLDSMITH AND ASSOCIATES, INC. (CBGA) License No.: AR-94537 2555 Nursery Road Clearwater, FL 33764 Phone: (727) 540-0456 rwhitcomb@cbgoldsmith.com OZR, yp } oFanFe 5 dp On RAW EES § AYAY,AE 3. Way, MOR o/ Z\v (ae ~*~ er Robert J. Whitcomb, AIA, RRC, N RN AR0094537 jh Principal Architect, CEO ©. AE Ges C&R Sy ee Ces >>RED Ae of (p > , - y J ORT PREPARED BUTLER WEIHMULLER KATZ CRAI: CXR Te 400 N. Ashley Drive, Suite 2300 Tampa, FL 33602 Ashley M. Mattingly, Esq. OF DING igh MacDoi EFI HUGH MACDONALD CONSTRUCTION, INC. (Hugh MacDonald) 10825 Tom Folsom Road, Suite A Thonotosassa, FL 33592. AVH ACQUISITIONS, LLC, DBA ROYAL OAKS HOMES, LLC (ROH) 2420 South Lakemont Ave., Suite 450 Orlando, FL 32814 THE DIMILLO GROUP 1355 S. International Parkway, Suite 2461 Lake Mary, FL 32746, According to the Complaint, the following defects and deficiencies associated with the Hugh MacDonald’s work include, but are not limited to, the following: Missing/insufficient 4" cement over edge flashing flange; Shingles not adhered or cemented to edge flashing; Shingles do not overhang edge flashing; Shingles do not overhang eave; Improper starter shingle installation; Underlayment short of edge metal ; Improper number/spacing of shingle fasteners; Overdriven shingle fasteners; Unsealed/missing diverter at confined rake termination; Water intrusion through roof and related components. The Complaint also alleges Hugh MacDonald breached its duty to the Association by failing to correctly construct and perform its scope of work on the Townhomes in compliance with the permitted plans and specifications, the applicable building codes, manufacturers recommendations, and ina manner such that its scope of work would not damage other property, including other trades scopes of work. . 202105 EXECUTIVE SUMMARY: The purpose of this evaluation was to review and assess all documents received and provide commentary appropriate to the purported/alleged issues. The comments and conclusions contained in this Summary Report of Findings are the professional opinions of C. B. Goldsmith and Associates, Inc. The existing shingles were secured to the roof sheathing in compliance with the minimum requirements of the Florida Building Code, the manufacturer’s recom- mendations, and all related industry standards and reference documents. Statements that violations and deviations related to the shingle applications resulted in sustained and ongoing weather-related damage to the buildings are portentous and subject to investigation bias. The reported test locations appearto have been selected based on conditions reported, observed and/or known to be in distress or with a history of repair. The sampling method described is not representative of the existing conditions and we question the reliability of the conclusions based on such a limited population. The type and number of purported defects observed is completely manageable and can be addressed under normal maintenance activities. We find the information presented in the Plaintiff expert’s reportto be subjective; findings and conclusions are not based on valid evidence or sampling; and the opinions cannot be reasonably assessed for reliability. It is also our opinion that the information outlined in the production documents does not accurately demonstrate how the Defendant failed in their duty to install their work in accordance with the Florida Building Code or that the Work was not performed in a workmanlike manner. It is the conclusion of this report that the work provided by the Defendant is consistent with standard roofing practice and the minimum requirements of the Code. . 202105 ABBREVIATIONS CBGA. C. B. Goldsmith and Associates, Inc. his AHJ. Authority Having Jurisdiction. An organization, office, or individual responsible for enforcing the requirements of a code or standard, or for approving equipment, materials, an installation, or a procedure. ARMA. Asphalt Roofing Manufacturers Association. ARMA is a trade association representing the majority of North America's asphalt roofing manufacturing companies, plus their raw material suppliers. FBC. Florida Building Code. The FBC is the single statewide code adopted and maintained by the Florida Building Commission. The FBC, which became effective March 1, 2001, supersedes all local codes. The FBC is based on national model codes and consensus standards for the design and construction of buildings as amended for Florida needs. The Code integrates plumbing, air conditioning, electrical and building codes with public school, energy and accessibility codes, and state regulations for facility licensing. When distinctive local conditions are not specifically addressed or a jurisdiction believes that code provisions need to be updated, then amendments can be added. However these amendments will only be accepted if they are more stringent than the existing codes. NRCA. National Roofing Contractors Association. Established in 1886, NRCA is one of the construction industry's oldest and most respected trade associations and the voice of professional roofing contractors worldwide. NRCA provides a wide range of information and services to help homeowners and building owners make informed decisions about replacing and maintaining their roof systems. Building Permit. An authorization granted by the agency having jurisdiction to an applicant to proceed with construction on a specific project. (ASTM £631) Deck. The surface installed over the structural framing members to which roofing is applied. Another name for sheathing. May be of wood boards, plywood or other approved material. . 202105 Defect. The non-conformity of the result of a test for the specification for a characteristic. In Building Pathology, used sometimes as a synonym of ‘failure’, but preferred meaning is to indicate only a deviation from some (perceived) standard which may, but will not necessarily result in a failure. Failure. The termination of the ability of an item to performa required function. Head Lap. 1.) The dimension by which the overlap of the nose end of a tile covers the head end of tile in the row of tiles immediately under it. 2.) The dimension by which a course of the underlayment overlaps the preceding course. Lap. That part of a roofing membrane which overlaps or covers any portion of another section of membrane which is then sealed to form a water-tight connection. Repair. The reconstruction or renewal of any part of an existing building for the purpose of its maintenance. (2014 FBC, Section 202) Sheathing. Exterior grade wood boards used as a roof deck material. Slope. As a measurement is the ratio of the rise of roof to the span of the building. It indicates the incline of a roofas a ratio. The ratio of the vertical rise to twice the horizontal run (span). For example if the rise of a roof is 4 ft. and the run is 12 ft., the roof is designated as having a slope of 4 in 12 or 4:12. Square. Roofing is estimated and sold by the square. A square of roofing is the amount required to cover 100 sq. feet of roof surface. Steep-Slope Roofs. A category of roofs that generally include water-shedding types of roof coverings installed on slopes greater than 3:12 (14 degrees). Substrate. The surface upon which the roofing or waterproofing membrane is placed (i.e. structural deck, plywood or insulation). OF DING igh MacDoi Underlayment. Asphalt saturated nonperforated felt used beneath roofing to provide additional protection for the deck. According to the NRCA, an underlayment performs two primary functions: it provides temporary weather protection until a roof covering is installed, and it provides a secondary weatherproofing barrier should moisture infiltrate the asphalt shingles. Osceola County Building Office 1 Courthouse Square, Suite 1400 Kissimmee, FL 34741 Phone: 239-321-7925 PPI BLE CODE(S According to the permit application dates in the production documents and Drawing notes, the Subject Property was constructed under the 2004, 2010, and 2014 Florida Buildings Code-Residential (FBC-R), and the 2006 Supplements to the 2004 Florida Building Code-Residential. PP! The following Reference Standards (with edition dates) are specified in Chapter 43 of the 2004 and 2010 Florida Building Code—Residential and Chapter 46 of the 2014 Florida Building Code-Residential are applicable to this project: ASCE 7-02 (2006 Supplements to the 2004 FBC-R) ASCE 7-10 (2010 and 2014 FBC-R) American Society of Civil Engineers, Minimum Design Loads for Buildings and Other Structures. ASTM D 3462-01e01 (2004 FBC-R) - Refer to Exhibit B ASTM D 3462-07 (2010 FBC-R) ASTM D 3462-09 (2014 FBC-R) Standard Specification for Asphalt Shingles Made from Glass Felt and Surfaced with Mineral Granules. ASTM D 3161-99a (2004 FBC-R) - Refer to Exhibit C ASTM D 3161-06 (2010 FBC-R) ASTM D 3161-09 (2014 FBC-R) Standard Test Method for Wind Resistance of Asphalt Shingles (Fan Induced Method) Modified to 110 mph Wind Velocity. OF DING igh MacDoi ASTM D 7158-05 (2006 Supplements to the 2004 FBC-R) - Refer to Exhibit D ASTM D 7158-07 (2010 FBC-R) ASTM D 7158-08d (2014 FBC-R) Standard Test Method for Wind Resistance of Sealed Asphalt Shingles (Uplift Force/Uplift Resistance Method). The Design Criteria at the Subject Property is as follows: Hurricane-Prone Region (per 2010 & 2014 FBC-R) Yes Wind-Borne Debris Region No Wind Exposure “Br” Building Category .. ll Internal Pressure Coefficient +/- 0.18 Building Enclosure. . Enclosed According to the design requirements in the Drawings subject to the 2006 Supplements to the 2004 FBC-R, the Basic Wind Speed for the Subject Property is 120 mph. The component and cladding design wind load pressures per ASCE 7-02 are as follows: Roofs >7 to 27 degrees Roofs >27 to 45 degrees Zone 1: -27.9 psf Zone 1: -30.5 psf Zone 2: -48.6 psf Zone 2: -35.6 psf Zone 3: -71.8 psf Zone 3: -35.6 psf According to the design requirements in the Drawings subject to the 2010 and 2014 FBC-R, the Ultimate Wind Speed (V,,,) for the Subject Propertyis 150 mph. The component and cladding design wind load pressures per ASCE 7-10 are as follows: Roofs >7 to 27 degrees Roofs >27 to 45 degrees Zone 1: -26.2 psf™ Zone 1: -24.3 psf Zone 2: -45.5 psf Zone 2: -28.4 psf” Zone 3: -67.3 psf™ Zone 3: -28.4 psf Note (1): The C&C wind loads (above) have been multiplied by 0.6 to convert to allowable stress design (ASD). It should be noted that the Design Wind Speed for this location under the 2010 FBC-R and the 2014 FBC-R was increased to 150 mph, but the wind speed was only 136 mph and would not have triggered the wind-borne debris region requirements. OF DING igh MacDoi DING The following requirements specified in the 2004 FBC-R and UIRE the 2006 Supplements to the 2004 FBC-R for the installed asphalt shingle roof system apply to the Work of this project: R301.2.1.1 Design criteria. Construction in regions where the basic wind speeds from Figure R301.2(4) equal or exceed 100 miles per hour (160.9 km/h) shall be permitted to be designed in accordance with one of the following: 2 Minimum Design Loads for Buildings and Other Structures (ASCE-7); R903.1 General. Roof decks shall be covered with approved roof coverings secured to the building structure in or accordance with the provisions Roof of this chapter. assemblies shall be designed and installed in accordance with this code and the approved manufacturer's installation instructions such that the roof assembly shall serve to protect the building or structure. R903.2 Flashing. Flashings shall be installed in such a manner so as to prevent moisture entering the wall and roof through joints in copings, through moisture permeable materials, and at intersections with parapet walls and other penetrations through the roof plane. R903.2.1 Locations. Flashings shall be installed at wall and roof intersections; wherever there is a change in roof slope or direction; this requirement does not apply to hip and ridge junctions, and around roof openings. Where flashing is of metal, the metal shall be corrosion resistant with a thickness not less than provided in Table 903.1. R905.1 Roof covering application. Roof coverings shall be applied in accordance with the applicable provisions of this section and the manufacturer’s installation instructions. R905.2.3 Underlayment. Unless otherwise noted, required underlayment shall conform with D226 Type | or Type Il, ASTM D4869 Type | or Type II, or ASTM D6757. Self-adhering polymer modified bitumen sheet shall comply with ASTM D1970. R905.2.6 Attachment. Asphalt shingles shall have the minimum number of fasteners required by the manufacturer, but not less than four fasteners per strip shingle or two . 202105 fasteners per individual shingle. Where the roof slope, exceeds 21 units vertical in 12 units horizontal (21:12), shingles shall be installed as required by the manufacturer. R905.2.6.1 Wind Resistance of Asphalt Shingles. Asphalt Shingles shall be classified in accordance with ASTM D3161, TAS 107 or ASTM D7158 to resist the basic wind speed per Figure R301.2 (4). Shingles classified as ASTM D3161 Class D or classified as ASTM D7158 Class G are acceptable for use in the 100-mph wind zone. Shingles classified as ASTM D3161 Class F, TAS107 or ASTM D7158 Class H are acceptable for use in all wind zones. Asphalt shingle wrappers shall indicate compliance with one of the required classifications as shown in Table R905.2.6.1. Table R905.2.6.1 Wind Resistance of Asphalt Shingles Maximum Basic Wind Speed MPH Classification (per Figure R301.2(4) 100 ASTM D3161Class D or ASTM D7158 Class G or TAS 107 110 ASTM D3161Class F or ASTM D7158 Class G or TAS 107 120 ASTM D3161Class F or ASTM D7158 Class G or TAS 107 130 ASTM D3161Class F or ASTM D7158 Class H or TAS 107 140 ASTM D3161Class F or ASTM D7158 Class H or TAS 107 150 ASTM D3161Class F or ASTM D7158 Class H or TAS 107 R905.2.7 Underlayment application. For roof slopes of four units vertical in 12 units horizontal (33-percent slope) or greater, one layerof underlayment complying with ASTM D226 Type! or Type Il, ASTM D4869 Type | or Type Il, or ASTM D6757 shall be applied in the following manner: Underlayment shall be applied shingle fashion, parallelto and starting from the eave and lapped 2 inches (51 mm). End laps shall be offset by 6 feet (1829 mm) Corrosion resistant fasteners are to be applied along the overlap at a maximum spacing of 36 inches (914 mm) on center. OF DING igh MacDoi ge 1 R905.2.8.6 Drip edge. Provide drip edge at eaves and gables of shingle roofs. Overlap to be a minimum of 3 inches (76 mm). Eave drip edges shall extend % inch (13 mm) below sheathing and extend back on the roof a minimum of 2 inches (51 mm). Drip edge at eaves shall be permitted to be installed either over or under the underlayment. If installed over the underlayment, there shall bea minimum 4 inch(51mm) width of roof cement installed over the drip edge flange. Drip edge shall be mechanically fastened a maximum of 12 inches (305 mm) on center. Where the basic wind speed per Figure R301.2(4) is 110 mph (177 km/h) or greater or the mean roof height exceeds 33 feet (10 058 mm), drip edges shall be mechanically fastened a maximum of 4 inches (102 mm) on center. Chapter 43 - Referenced Standards ASCE 7—02 Minimum Design Loads for Buildings and Other Structures; The following requirements specified in the 2010 FBC-R for the installed asphalt shingle roof system apply to the Work of this project (where different): R905.2.6 Attachment. Asphalt shingles shall have the minimum number of fasteners required by the manufacturer, but not less than four fasteners per strip shingle or two fasteners per individual shingle. Where the roof slope exceeds 21 units vertical in 12 units horizontal (21:12, 175 percent slope), shingles shall be installed as required by the manufacturer. R905.2.6.1 Wind Resistance of Asphalt Shingles. Asphalt Shingles shall be classified in accordance with ASTM D3161, TAS 107 or ASTM D7158 to resist the basic wind speed per Figure R301.2(4). Shingles classified as ASTM D3161 Class D or classified as ASTM D7158 Class G are acceptable for use in the 100-mph wind zone. Shingles classified as ASTM D3161 Class F, TAS107 or ASTM D7158 Class H are acceptable for use in all wind zones. Asphalt shingle wrappers shall indicate compliance with one of the required classifications as shown in Table R905.2.6.1. OF DING igh MacDoi ge 1 Table R905.2.6.1 Wind Resistance of Asphalt Shingles Classification of Asphalt Shingles Vaca 2S Maximum Basic determined in Wind Speed, V,,, ASTM ASTM accordance From Figure D7158 D3161 with Section R301.2(4) R301.2.1.3 110 85 D,G, orH A, D, or F 116 90 D, G, orH A, D, or F 129 100 GorH A, D, or F 142 110 GorH F 155 120 GorH FE 168 130 181 140 194 150 R905.2.8.3 Sidewall flashing. Flashing against a vertical sidewall shall be by the step-flashing method or continuous “L” flashing method. R905.2.8.5 Drip edge. Provide drip edge at eaves and gables of shingle roofs. Overlap to be a minimum of 3 inches (76 mm). Eave drip edges shall extend 1/2 inch (13 mm) below sheathing and extend back on the roof a minimum of 2 inches (51 mm). Drip edge at eaves shall be permitted to be installed either over or under the underlayment. If installed over the underlayment, there shall be a minimum 4inch (51 mm) width of roof cement installed over the drip edge flange. Drip edge shall be mechanically fastened a maximum of 12 inches (305 mm) on center. Where the V,,, as determined in accordance with Section R301.2.1.3 is 110 mph (177 km/h) or greater or the mean roof height exceeds 33 feet (10 058 mm), drip edges shall be mechanically fastened a maximum of 4 inches (102 mm) on center. Chapter 43 - Referenced Standards ASCE 7—10 Minimum Design Loads for Buildings and Other Structures (with Errata dated January 11, 2011); OF DING igh MacDoi ge 1 The following requirements specified in the 2014 FBC-R for the installed asphalt shingle roof system apply to the Work of this project (where different): R905.2.6.1 Wind resistance of asphalt shingles. Asphalt Shingles shall be classified in accordance with ASTM D 3161, TAS 107 or ASTM D 7158 to resist the basic wind speed per Figure R301.2(4). Shingles classified as ASTM D3161 Class D or classified as ASTM D7158 Class G are acceptable for use in the 100-mph wind zone. Shingles classified as ASTM D3161 Class F, TAS107 or ASTM D7158 Class H are acceptable for use in all wind zones. Asphalt shingle wrappers shall indicate compliance with one of the required classifications as shown in Table R905.2.6.1. Table R905.2.6.1 Wind Resistance of Asphalt Shingles Classification of Asphalt Shingles V, as oq AS Maximum Basic determined in Wind Speed, V,,, ASTM ASTM accordance From Figure D7158 D3161 with Section R301.2(4) R301.2.1.3 110 85 D, G, orH D, or F 116 90 D,G, orH D, or F 129 100 GorH D, or F 142 110 GorH 155 120 GorH 168 130 181 140 194 150 SHINGLE Asphalt shingles are the most common roofing material used in the United States today. They are manufactured as strip shingles, laminated (multi-thickness shingles), interlocking shingles, and large individual shingles in a variety of weights and colors. Shingles are essentially a water screen and are not considered waterproof. There is an industry saying that the slope of any . 202105 deck that is comfortable to walk on is too low a slope for shingles. Very low sloped shingle installation requires a waterproof underlayment that can maintain its integrity at each of the many fastener holes that will be punched through it. The minimum slope recommended for laminated, no-cut-out, and interlocking shingles is 33 percent (4:12). Use of slopes greater than 33 percent is recommended to improve durability. Standard application techniques may be used on 33 to 175 percent sloped decks, however, shingle applications on 175 percent (21:12) or greater slope requires dabs of quick-drying adhesive under each shingle tab. Most shingles are manufactured with strips or spots of a factory-applied, self-sealing adhesive which is a thermoplastic material activated by the heat of the sun after the shingle is on the roof. Once installed, exposure to the sun’s heat allows the adhesive to soften or activate and then form and cure, creating strong adhesion between the overlying and underlying shingle as temperatures cool. The precise amount of time a shingle must be exposed to a certain minimum temperature before it should seal properly is unclear. During the Spring, Summer and Fall, this self-sealing action usually takes place within a few days of the installation. In Winter, the self-sealing action varies depending on the geographic location, roof slope and orientation of the building on the site. The effectiveness of the asphalt seal strip diminishes with time. Since the sealant strip is an asphaltic compound, and since asphalt deteriorates with time and exposure, the effectiveness (adhesion) of a seal strip inherently decreases with time. The rate of this gradually deteriorating performance fluctuates widely from one shingle design to the next and from infinite natural variables. Irrelevant of how well it was installed and sealed, the olderan asphalt shingle roof becomes, the more prone it is to being damaged from wind. As a consequence of the effects of aging, countless asphalt shingle roofs eventually suffer damages from winds that are far below what could be classified as “severe.” As a result, most insurance carriers require their Florida insured buildings having a asphalt shingle roof covering to be replaced at a shorter duration than that stated in the roofing warranty. . 202105 JOCUMENTS REVIEWED: Referto Engineering Assessment Report, dated 04/02/2021, by Marcon Forensics; 999 pages. 1.1 Thereport states that Marcon’s investigation uncovered, “.a significant amount of construction performed in violation of building code requirements, or in violation of manufacturer’s installation requirements.” The report also states that these violations and deviations resulted in sustained and ongoing weather-related damage to the buildings. Commentary: It is our opinion that these statements are portentous and subject to investigation bias. The test locations appear to have been selected