MKAR 1013 Principle of Forensic Engineering · Prepare culpability worksheets ... –Rebound hammer...

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MKAR 1013

Principle of Forensic Engineering

Prof. Dr. Mohammad bin Ismail

1.Forensic Engineering: Competencies and

Qualifications


Learning Outcome

At the end of the course students should be able

to understand:

• What is forensic engineering/

• Qualification


References

1. Carper, K.L. 1986, “Forensic Engineering”, Elsevier Science Pub. Co.

2. Ward, J.S. 1986, “What is Forensic Engineer? In Forensic Engineering: Learning from failures, ASCE, New York

3. Joshua B. K. 2012, Guidelines for Forensic Engineering Practice, ASCE

4. Harold Franck, Darren Franck, 2014, Forensic Engineering Fundamentals, CRC Press

5. Brian S.N. 2007, Forensic Engineering diagnosing failures and solving problems, Taylor & Francis


DEFINITION

Forensic (fo ren' sik) - the application of knowledge to questions of civil and criminal law. Forensic engineering is the application of engineering principles and methodologies to answer questions of fact.

Forensic engineering is essentially a failure analysis program for litigation support. The goal of such a program is to positively identify the sequence of events leading to ultimate failure.


Forensic Engineering - Definition

● From Latin : forensis meaning “public”

– Belonging to courts of law

– Pertaining to or fitted for legal or public argumentation

● Forensic Engineering – a science concerned with relations between engineering and the law


General Goals of Forensic Engineering Investigation

● To determine causes of failure (most commonly desired information)

● To compare statement by witnesses or injured parties with physical evidence

● To ascertain whether an illegal or improper activity was causative

● To assess damage to materials, products or structures and evaluate repair estimate


Multi-Disciplinary

● Forensic engineering is a multi-disciplinary process for investigating and reporting the cause of engineering problems which may have legal ramifications.

● The process is founded on the scientific method which is fundamental to the solution of most engineering predicaments whether they are related to civil, structural, geotechnical, mechanical, metallurgical, materials, industrial, chemical, or other engineering fields.


Who are the clients?

● Owners, developers, tenants

● Public & government agencies

● Contractors

● Designers, material manufacturers

● Attorneys

● Insurance companies

● Plaintiffs in litigation (injured parties)

● Defendants in litigation (design, construction, maintenance or operation)


Activities in Forensic Engineering Investigation

Gather Information

Investigate

Visual Inspection

Document Review

Photographic Documentation

Code, Industry Standard and Product Research

Analysis Data

Map Actions of Parties

Develop Opinions and Conclusions

Explain the reasoning behind the conclusion

Prepare culpability worksheets

Assist Attorneys

Give a clear assessment of the risks involved with each issue

Give Expert witness testimony


Diverse Fields of Forensic

● Forensic Accounting

● Forensic Anthropology

● Forensic Audit

● Forensic Computing

● Forensic DNA

● Forensic Entomology

● Forensic evidence

● Forensic Linguistics

● Forensic Medicine

● Forensic Meteorology

● Forensic Odontology

● Forensic Palaeology

● Forensic Palynology

● Forensic Pathology

● Forensic Psychiatry

● Forensic Psyhology

● Forensic Science

● Forensic Toxicology


ATTRIBUTES OF AN EXPERT ENGINEERS

● Being an expert requires competencies in the subject area in dispute as well as competance in forensic engineering and litigation support activities that allow the engineer to form and effectively present reasonable, reliable, and valid opinion

– UG degree in Engineering recognized by Accreditation board of engineering (ABET/EAC)

– Technical ability (design, research, teaching, writing..)

– A Graduate degree in subject area

– Profesional licence or registration to practice

– Authorship of recent peer-reviewed publications on the subject


COMPETENCIES OF FORENSIC ENGINEERS

● Forensic engineers serving as expert witness should have competence in explaining the technical, truthful evidence in such a manner that the trier of fact, the lay jury or the judge can understand it and answer the ultimate question

● Should have competence in investigating and analysing the technical subject of their assignment and in reporting their observations, opinions, conclusions and recommendation


Understanding the problem in the context of the investigation or dispute

● Forensic engineers often asked to help solve problem and how a particular solution may affect parties to a dispute arising from the problem

● On the witness stand, the expert should only answer the questions that are asked, and not elaborate beyond that.

● JOKE - guillotine


Understanding the concept of Advocay

● It is the obligation of the expert engineer witness to provide truthful, adequately researched testimony in the best possible light for the client who retained the engineer

● Engineers have an overidding obligation, typically

under the terms of the licencing laws of the states in

which they practice, and as emphasized in

Fundamental Principle 1 of the ASCE Code of Ethics,

to protect public safety and welfare


Understanding Objectivity

● Expert witness must be unbiased and objective in both the investigation and in testimony on the witness stand

– Conflicting opinions are plausible

● Forensic engineer must remain impartial seekers of the truth, even when the truth is not in their client’s interest

● Forensic engineer is required by ethical principles to maintain objectivity


Understanding Bias

● Bias is unfair preference

– for a particular position, or

– Distortation of the result due to a condition not appropriately taken into account

● Bias is an inherent characteristic of human behaviour

● Understanding Bias and overcoming its influence are important competencies of forensic engineers and expert witnesses


Competencies of Forensic C&S Engineer/Investigator

● Familiarity with building codes, specifications & industry standards.

● Understanding of structural & soil behaviour to know how structures behave and why they fail.

● Ability to collect & analyse data – detective skills, – develop failure hypothesis & – reach to correct conclusions regarding the causes of

failure.

● Having some knowledge of legal procedures. ● Good oral and written communication skills. ● Have high ethical standards.


GENERALIST FORENSIC ENGINEER

● Many failures require investigations be conducted by more than one specialist

● Some cases involve services of principal investigator, or generalist forensic engineer

● This person serves as a lead consultant who advices the client on the types of – specialists needed for the team – Select them with client’s authorization – Coordinates their activities

● The generalist may get involved – in testimony – Simply observed the proceedings after coordinating the

investigations and assisting with trial preparations.


QUALIFICATIONS OF AN EXPERT

● Those who qualified as an expert by knowledge, skill, experience, training, or education may testify in a form of an opinion

i. The expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue

ii. The testimony is based on sufficient facts or data

iii. The testimony is the product of reliable principles and methods

iv. The expert has reliably applied the principles and methods to the facts of the case


Forensic Civil & Structural Engineering

● Engineering investigation and determination of the causes of structural failures of buildings, bridges and other constructed facilities;

● Rendering opinions and giving testimony in judicial proceedings.


Problem Statement

● Structural failures are not just accidents, nor acts of God. They are the results of human error originating from oversight, carelessness, ignorance or greed.

● With the relevance of design sophistication and construction methodology came the proliferation of structural failures.

● Early savings in design and construction costs often boomerang as later and larger costs of repair and litigation.

● The vulnerable structures of the late 20th century will provide bread and butter to the forensic engineers of the 21st century.

Dr. Robert T. Ratay, Forensic Structural Engineering Handbook, 2000


Scope of Forensic C&S Engineering

● Structures, buildings & bridges

● Geotechnical works

● Highways and transportation

● Waterways, ports, coastal & offshore facilities

● Culverts and pipelines

● Air transportation

● Environmental facilities

● Hydraulics, irrigation and drainage


Structural Failure – What is a Failure?

● General Definitions – Inability of a component, structure or facility to

perform its intended function.

– Failure does not necessarily involve collapse or rupture.

– Non-conformity with design specifications or deficient performance.

– An unacceptable difference between the expected and observed performance.


Functional Failure

● Functional failure involves compromise of intended usage of structure or facility

● Examples

– Excessive vibration of floor

– Roof leaks

– Inadequate air conditioning

– Poor acoustics


Causes of Failures

● Site selection and site development errors

● Programming deficiencies

● Design errors

● Construction errors / procedural errors

● Materials deficiencies

● Operational errors


The Investigative Process

Engagement & Definition of Investigation Objectives

Collection of Background Information and Documents

Preliminary Site Visit

Formation of Investigation Plan and Project Team

Formulate Initial Failure Hypothesis

Comprehensive Document Study

Site Investigation, Field Testing and Sample Collection

Structural Analysis, Design Check and

Laboratory Testing

Revision of Failure Hypothesis

Revision of Investigative Plan

Final Conclusions

Final Report


Identify Investigative Team

Possible disciplines for structural failure investigation :

● Structural engineer ● Geotechnical engineer ● Concrete specialist ● Metallurgist / Material expert ● Architect ● Surveyors ● Photographer ● Test specialists, instrumentation specialists ● Contract law specialist

www.utm.my innovative ● entrepreneurial ● global 28 MAB 1033 Structural Assessment and

Repair 28


Site Visit

● Schedule as soon as possible, especially when collapse is involved

● Plan carefully

● Document findings

● Preserve perishable evidence – collapse configuration; features of fractured steel surfaces; test cubes or cylinders

● Failed and un failed components


Equipment

● Measuring devices

● In-situ testing equipment

● Photographic equipment

● Clothing

● Data recording equipment

● Sampling

● Small handy tools


Collection of Samples

● Site should be carefully photographed and sketched

● Sampling techniques should conform to specified standard/codes

● Samples should be marked, referenced, catalogued, and stored according to procedures


Documenting Visual Examination

● Establish referencing system – Compass direction

– Coordinate system

● Make liberal use of notes and sketches

● Make liberal use of photographs (film is cheap!)

● Document photos – Arrow on plan of structure

– Careful description in notes

– Camera with number imprint is very helpful


Eyewitness Accounts

● Passerby eyewitnesses may provide information on sequence of events (collapse)

● Project personnel – project managers; designers; foremen

● Interview workers or others knowledgeable of structure

● Seek photos or videos taken earlier of structure


What Information to gather from eyewitness

● Status of construction at time of failure

● The mode and sequence of failure

● Possible triggering events

- activities under way at the time of collapse

- unusual loading on structure

- environmental factors

● The capacity of certain components or entire structure at the time of failure


Physical Tests

● Mapping of cracks & other defects

● Partially-destructive tests for concrete strength

- Penetration resistance (Windsor probe)

- Pull-out; pull-off; internal fracture

● Non-destructive tests

– Rebound hammer for variability of material

– Wave method for thickness and variability

– Radioactive methods


LABORATORY ANALYSIS

Materials Testing

● Concrete samples – Petrography analysis

• Chemical reactivity

• Air content

• Cement content

• Water/cement ratio

– Cores • Strength

• Chloride tests

• Existence of corrosion

• Freeze-thaw tests

Components Testing

– Load tests

• Connections

• Structural components

• Whole structure


DOCUMENT SEARCH

● Construction Documents

– Plans and specifications

– Contractual agreements

– Progress reports

● Shop (fabrication) drawings and erection / as-built drawings

● Boring logs


Document Search

● Test reports – Foundation reports

– Concrete materials test report / cube test

– Steel test report

– Post-tensioning report

● Manufacturer’s certificate – Portland cement

– Structural steel

– Reinforcing steel

● Inspection reports


Document Search

● Project correspondence – Contractor

– Engineer

– Architect

– Other consultants

● Engineer's design calculations

● Applicable building codes

● Weather records


Develop and Test Hypothesis

● Examination of photos, design calculations, and other evidence

● Perform additional calculations or design check

● Conduct laboratory tests

● Conduct test on structure


Prepare Conclusions

● Summary report

● State probable causes

● Provide support for conclusions


Dispute Resolution

● Civil Litigation (Lawsuits)

● Alternative Dispute Resolution – Arbitration

– Mediation

– Negotiation

– Mini-trial

● Majority of cases are settled out of court (only 10% go to trial)


Legal Concerns after a Failure

● Potentially responsible party (e.g. design consultant, sub-contractor) – concerned with determining his legal exposure to injured parties;

● Injured party – concerned with preserving his rights against any potentially responsible party;

● Project owner – concerned with preserving rights against potentially responsible parties and having the project remedied and put back into use.


DOCUMENTATION AND STANDARDS


Conclusions

● Forensic engineering is the application of engineering sciences to the investigation of failures or other performance problems.

● A wide and multi-disciplinary field, requiring engineering expertise and knowledge of legal procedures.

● Forensic engineering deals with the investigation and re-construction of failures in buildings, bridges, facilities, vehicles and other engineered systems.

● Engineers & managers need to have a helicopter view of the process, techniques, outcome reporting and legal aspects of forensic engineering investigation.



Repair 47


Flood


Tall Building



Flood


Tsunami


Water Leakage


Corrosion of

reinforcement


Earthquake – Collapse Flyover


Safety


Vice-Chancellor Zaini Ujang [email protected] http://www.utm.my/vc

ADVANTAGE WORKING WITH UTM

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Knowledge acquired shared with students, particularly

Malaysian (JKR staff included)

Enhance lecturer experience


Repair 59

Good experienced team (friendly Lecturers)


Good experienced team (and Technicians)


Reliable equipments


62 Full Scale Testing

Good laboratories facilities

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Full Scale Testing

Good laboratories facilities


Negotiable costs



Pump House IWK, 2014

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Stadium larkin, 2010


Stadium larkin, 2010

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Tg. Pengelih, 2012


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www.utm.my innovative ● entrepreneurial ● global 74 ACPI, Gelang patah , Johor

www.utm.my innovative ● entrepreneurial ● global 75 75 MPJBT, Skudai, Johor

www.utm.my innovative ● entrepreneurial ● global 76 76 Rumah kedai, Senai, Johor


Maktab Perguruan, Sabah


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Tangible KAIs ● Publications ● Research ● PG programs ● Education ● Intellectual property ● RU-compliance etc

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mutiara hadith

Daripada Abu Musa r.a., meriwayatkan bahawa baginda Rasulullah s.a.w. bersabda: Perumpamaan ilmu dan hidayah yang dengannya aku diutus oleh Allah SWT adalah seumpama satu hujan lebat yang menimpa bumi. (Bumi terbahagi kepada tiga tanah) ● Pertama ialah tanah baik, lembut dan menyerap air yang kerananya tanah menjadi subur,

menumbuhkan tumbuh-tumbuhan yang banyak. ● Kedua ialah tanah yang keras tidak menyerap air tetapi dapat mengumpulkan air bagi

keperluan manusia, binatang ternak dan tanam-tanaman yang lain. ● Ketiga ialah tanah yang keras yang tidak menyerap dan tidak dapat mengumpulkan air dan

tidak menumbuhkan tanam-tanaman. (Begitulah dengan manusia yang terbahagi kepada tiga golongan): ● Mereka yang diberi faham agama dan mendapat hidayah. Dengan hidayah itu mereka

mengenaliku, mendapat manfaat dengan ilmu yang diberikan Allah SWT kepadaku. Mereka belajar dan mengajarkan kepada orang lain.

● (Golongan kedua) ialah yang tidak mengambil manfaat bagi dirinya tetapi orang lain dapat manfaat darinya.

● (Golongan ketiga) ialah orang yang tidak peduli dirinya dan tidak mendapat hidayah Allah SWT apa yang diturunkan melalui aku.

(Hadis Riwayat Bukhari).


SUMMARY

● Don’t keep quiet (diam)

● Good Manners

● Follow Schedule of work

● Time management

● Do not avoid Meeting

● Follow development


The only way you do great work is to love what you do!

Stay hungry! Stay foolish!

Steve Jobs (2005)

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