Blame: Engineers or Owners in the Champlain Towers South Collapse?
The tragic collapse of the Champlain Towers South building in Surfside, Florida, on June 24, 2021, has sparked questions about who is at fault. The letter received by the owners in April 2021, which noted that the decay had worsened, did not prompt immediate action. This raises the question: should the blame be placed on the owners or the engineers who produced the report?
Analysis of the Situation
From a regulatory standpoint, it is crucial to understand the roles of both the building owners and the engineers. In a privately governed building, the primary responsibility lies with the owners. As mentioned, particularly in Republican states with a lighter regulatory environment, the owners are responsible for maintaining the building. However, the engineers are still expected to adhere to professional standards and legal requirements.
Florida law requires engineers to follow strict professional practices. Their reports must be unbiased and accurate. If they fail to do so, they risk losing their license. Therefore, the engineers would be considered diligent and following the law, unless it can be proven that they compromised their professional integrity.
The Role of Building Maintenance
Several instances of delayed action on pressing maintenance issues in buildings can provide insight into the failure to act. For example, my sister's 22-story condo tower underwent extensive waterproofing restoration in 2012. At a cost of over 5 million dollars, the project required significant funding and disruption. The 18-month closure and intense tenant disruption highlight the importance of timely maintenance.
Given that the Champlain Towers South faced much more extensive repairs, it suggests a long history of severe neglect. This neglect may indicate a potential owner from the Eastern Mediterranean with a biblical name and multiple layers of LLCs, which would likely complicate any subsequent legal proceedings.
Responsibility Distribution
Both the owners and the engineers share responsibility for the collapse. The engineers should have notified the relevant authorities and regulatory bodies if they found significant issues. They also have a duty to warn the building's owners of any potential risks. On the other hand, the owners should have taken immediate action upon receiving the report.
The situation highlights the critical need for ongoing and proactive building maintenance. The salt from the seaside can accelerate corrosion and decay, making regular checks and timely repairs essential.
It is noteworthy that many structures in the United States have faced similar issues without immediate collapse, indicating a pattern of neglect rather than isolated incidents. The collapse of the Champlain Towers South should serve as a wake-up call for all building owners and their associates.
In conclusion, while both the owners and the engineers share responsibility, the owners are primarily at fault for failing to act on the warnings issued by the engineers. The tragedy of the Champlain Towers South collapse serves as a stark reminder of the importance of timely and comprehensive building maintenance.