Where the Fault Lies

Consturction Law

Many theories on potential causes

The Champlain Towers South building collapse tragedy is entering the recovery phase and as it does multiple lawsuits have been filed and the exceedingly long, complex, tedious task of discovering why the tower fell begins.

What went wrong is a matter of public interest - after all the Champlain Towers are surrounded by high-rises on the same barrier island, many of them build around the same time. Surfside residents need to know what happened, right now terrified by every crack, groan, and building movement.

Obviously, there was something seriously wrong, high-rise condominiums even 40 years old just do not fall down.

There are many theories on potential causes. Let’s run down a few before we talk about whose fault it is.

Champlain Towers South building collapse

The pool slab

You’ve probably heard about this: a 2018 engineer’s inspection report noted a major error in the building’s design: the slab between the pool and the parking garage was flat not sloped. That meant water would pool and drip into the garage below. There it would pool and corrode the concrete. That failure to waterproof caused “major structural damage.” He advised the condo board to fix it while stating “failure to replace the waterproofing in the near future will cause the concrete deterioration to expand exponentially.”

A retired maintenance manager at the property reported that “ocean water routinely pooled in the garage and the pumps could never keep up.” That confirms the engineer’s report that showed substantial damage to the concrete above ground to balconies. To build a high-rise, reinforced concrete is a necessity. Reinforced concrete has a rebar frame. When rebar gets wet it rusts and weakens and the concrete begins to fall apart.

Another potential cause:

Rising seas and the fact that almost all of Miami is built on limestone which is famously porous. Thirty years ago, a researcher discovered that the building was sinking into the ground, slowly. But that was in the early 1990s, seas have risen, and sinkholes are common in South Florida.

The lawyer who represents the Chaplain Condo Association has seized on that report while pointing out that the building is erected on piles driven into the limestone and have been buffeted by the Atlantic Ocean on one side and the intercoastal on the other. Of course, that’s an explanation that would benefit the condo association in litigation.

Lawsuits have already been filed. The survivors can’t wait, they don’t have homes and they lost everything. They need to be compensated. They’re going after the people they think are responsible. They are:

The original architects and engineers who designed and built the Champlain buildings 40 years ago while Miami was in a building boom and like most building booms shoddy construction practices were everywhere.

The engineering consultant who warned the condo board in 2018 that they should deal with major structural damage in the near future but never suggested the building could collapse. Or was even at risk of collapse. The plaintiffs feel the warning was not dire enough.

Champlain Towers South building collapse

The Town of Surfside saw the engineer’s report and did nothing. Even though there are strict regulations in Miami for dealing with structural problems. The chief building official of Surfside attended a condo board meeting after reading the report and announced that “the building was in very good shape.”

Then there’s that Champlain Towers South Condo Association. The engineers report was frightening. Reading it now makes it terrifying. The Association did nothing. They were looking at a potential $15 million repair bill to be split between 136 apartment owners resulting in more than $100,000 in maintenance costs per apartment.

For months Champlain Towers residents complained about vibrations and cracks related to a much larger building that was under construction nearby. No one investigated it.

Finally, Miami-Dade County. Miami-Dade requires recertification for multiunit buildings coming up on 40 years. There are no teeth to the regulation and no follow up on potential problems.

Climate change and overbuilding.

Every time it rains heavily in Miami the streets flood. That’s because the water table has risen dramatically over the last 20 years. All that water seeping through limestone is undoubtedly having an effect on pilings – and sink holes are a major concern in Southern Florida.

There is no single cause, no one person or group at fault but some combination.

Cold facts:

The board had about $50 million in insurance coverage. The oceanfront land is valued anywhere between $30 and $125 million depending on what it will eventually be used for and who is doing the appraisal.

This is going to be a long, arduous process. Competing interest, insurance companies and shares of the blame are entwined.

The Hahn Legal Group will be closely following these cases, hopefully out of this unbelievable tragedy will come answers, fixes, accountability, and relief for the families who have lost so much.