Expert: Dan Griffin - 5/18/2009

Question
QUESTION: Remodel of two single car garages into a double door plus entry required removal of brick veneer above header and along sides.  Masonry subcontractor tried to remove 4 courses above lintels and approx one brick width along sides.  Eight courses remained above removed area, which failed and collapsed.  Contractor states that inadequate brick ties were used in header area which lead to failure (also pulled down many bricks from adjoining wall).  Should any temporary support have be used during removal or was the cutout that was attempted practical?  He claims it was not his fault.  I feel that ties are only for longitudinal support and not meant to carry vertical weight.

ANSWER: Jerry, these situations are never fun.  I suspect there was not enough brick mass at each side to prevent movement.  YOur contractor should have warned you of the potential.  Wall ties do not carry the brick, as you said, they are there to lend lateral support to brick work.  It may have been possible to add some type of pinning or shoring to carry the load or he could have planned on removing the other 8 courses from the outset.

At this time you are both looking for a solution.  The only solution I see is to pick up the pieces and complete the project.  YOu would both be happier now if he had offered to remove the 8 courses and bid the mason's cost of relaying those 8 courses or allow both of you to share the risk of going for it.  The additional damage done by letting it fail would have been a shared risk.

I do see the failure as his responsibility if none of these possibilities were discussed.  Look very carefully at the brickwork on each end of the failure to assess whether the damage continued to the corners and the walls around the corners.  The mason cost to set up and perform the original lintel and course work has always been in the original contract.  The additonal damage and cost needs to be bid as a separate item.  Hopefully, there is enough brick undamaged to repair the situation with matching brick as this can really complicate the entire situation.  This added masonry work should be the contractor's but you may see it as a shared cost.

A possible compromise for both of you might consist of his getting the end brick repaired on his dime and going to a lumber/siding/ solution from head of door up that blends with the house style.  Something had to have been planned at the door opening anyway, as the new door would have been substantially narrower than the original layout, unless you had some very unusual over sized door made.

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QUESTION: I appreciate the input, and there is enough fallen and whole brick to cover the front/street side of the failed wall.  Expense and time to clean the brick, but the matching problem would be solved.  Since the garage side is not facing the street and less of a contrast problem, we will probably use new and nearly-matched brick which could save him time and money.  The bigger door (14') and entry should require a little less brick than the two 8' single doors so that should help also.  The additional cost was probably not going to be drastic, and as the homeowner, I just want the job done and done right (with no builder animosity and bitterness).  Seems like the mason either didn't think the job was a problem or took a shortcut and created one.  Could or should the builder's insurance be covering the difference, or is it a big deal for him to make the claim?

Answer
Usually the deductible and the loss of trust with the insurer would prevent making a claim.  I would expect the contractor(s) will probably absorb it and go on.

Perhaps as bit like you having a fender bender,  do you make a claim or pay out of pocket to prevent possibly losing your insurance.  It depends on how big the hit is.