Building and Construction - Block Retaining Wall Cracks Caused by Lull Forklift Driven/Parked Very Near It

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Block Retaining Wall Cracks Caused by Lull Forklift Driven/Parked Very Near It

wizguru

2006-05-25, 11:21 pm

We have a 40+ year old rental home in south central New Mexico. One
morning, I noticed a large Lull forklift illegally parked adjacent to
our North block retaining wall on the sidewalk adjacent to the wall
about 2 feet from the wall. I also noticed that opposite to where each
of the Lull wheels rested on the ground the wall is severely cracked
just above the sidewalk. I had inspected the area two days earlier for
weeds and debris and there was no wall cracking at that time and no
rain in between. And there is no wall cracking between the cracked
areas or on either side of the cracked areas. Later measurements by me
indicate that the sidewalk was sunken in about a 1/2" where the Lull
tires rested. My tests also indicate that the inner edge of the
sidewalk rests on the outer edge of the wall's foundation. I do not
know if the wall's foundation is damaged. I assume the wall has rebar
in it but I am not absolutely sure.

The land where the Lull was parked is pitched about 5 degrees up to the
wall. I estimate that the weight of the Lull to be about 8,000 lbs
(actual weight??), and that the shear force into the wall was therefore
about 700 lbs (8000 x sin[5 deg.]) plus there was likely considerably
greater downward force on the wall's foundation. It is clear to me that
the Lull cracked the wall. However, the insurance company of the Lull
owner (a contractor building a clinic adjacent to our property) has
refused to pay, claiming that the wall is "old" and probably has a
"defective foundation." Because of this refusal, we will probably have
to litigate this matter.

I have done some relevant Internet research with limited results. I
need to obtain definitive information on: (A) Government and industry
safe distance standards, regulations, etc. for driving and parking
heavy construction vehicles near walls and buildings. (B) Specific Lull
operating manual and other Lull documentation that addresses this
safety issue. (C) Websites, books, specific periodicals, etc. which
addresses these issues.

I am an older Disabled Veteran who knows little about repairing block
walls, so if you know someone reliable and modestly-priced contractor
in the south-central New Mexico area who can inspect my wall and/or
give me an estimate for free or low-cost, please also let me know.
Also, if you know of a reliable structural engineer in this area who
can evaluate the situation, please let me know.

Please respond. I need all the help I can get. Thanks. John J. XXXXXXXX
wizguru@jjwill.com

tmurf.1@juno.com

2006-05-25, 11:21 pm

I think you need a lawyer. How shallow are the footings in your area

Rudy

2006-05-26, 2:21 am

>..parked ..on the sidewalk adjacent to the wall

How did the sidewalk hold up ?

needhelpcanhelp

2006-05-26, 7:21 am

Dear John,
I have sympathy with your cracked wall.

If a vehicle weighing 8000 lbs parks 2 feet away from a foundation,
that is 2000 lbs per wheel imprinting 1/2"into
the ground and the adjacent wall cracks, that sounds to me, like
someone stepping on a rotten floorboard at my porch.Yes I may crinch,
but should I maybe be aware of the condition of structure?
either fencing things off>>danger zone>>.collaps imminent!
or just take care of the problem and had it fixed long time ago?
If 2000lbs imposed 24 " away from wall causes to crack it, you dont
have a functioning structure.
The surrounding earth pressure wet/dry and feezingcycles will exceed
the load of that tire under natural condition by far .

Unless somebody intentionally wanted to harm your wall
or acted irresponsible, you dont have a case.

But look at the bright side; now where it is broken you got all the
life out of that wall and it is perfect time to rebuild it.

wizguru

2006-05-30, 2:21 am

Thanks very much for your inputs. Please see:
www.jjwill.com/DamagedWall.htm for photos. If you have any trouble or
any comments, suggestions or insights, please email me at:
wizguru@jjwill.com

I need a lawyer from the Alamogordo area. Do you have any suggestions?

The sidewalk does have what appears to me to be a new crack across it
about 4 feet back to where the Lull's wheels rested. My measurements
indicate that the sidewalk is sunken in about 1/2" where the Lull's
tires rested. The sidewalk is under compression where it is strongest,
the force exerted on the wall is shear where it is weakest.

The wall appeared to be in very good condition prior to this incident.
Fact is, I inspected the area two days earlier and there was no crack.
Also, the construction company knew or should have known that the wall
was 40 years old, so even if your contention that the wall may be
defective is true, they should have known that it was very risky to
park that close to a wall that old. Based on your logic, if a person
can benchpress 200 lbs, then if he can't benchpress 250 lbs, his body
must be defective. For example, if your aged relative with a bad heart
goes into a bank, robbers come in and rob the bank, your relative has a
heart attack and dies due to the stress, then clearly although she had
a bad heart, the wrongdoers are still 100% responsible for her death.

John

Andy Asberry

2006-05-30, 9:22 pm

On 25 May 2006 18:36:50 -0700, "wizguru" <wizguru@tsc-global.com>
wrote:

>We have a 40+ year old rental home in south central New Mexico. One
>morning, I noticed a large Lull forklift illegally parked adjacent to
>our North block retaining wall on the sidewalk adjacent to the wall
>about 2 feet from the wall. I also noticed that opposite to where each
>of the Lull wheels rested on the ground the wall is severely cracked
>just above the sidewalk. I had inspected the area two days earlier for
>weeds and debris and there was no wall cracking at that time and no
>rain in between. And there is no wall cracking between the cracked
>areas or on either side of the cracked areas. Later measurements by me
>indicate that the sidewalk was sunken in about a 1/2" where the Lull
>tires rested. My tests also indicate that the inner edge of the
>sidewalk rests on the outer edge of the wall's foundation. I do not
>know if the wall's foundation is damaged. I assume the wall has rebar
>in it but I am not absolutely sure.
>
>The land where the Lull was parked is pitched about 5 degrees up to the
>wall. I estimate that the weight of the Lull to be about 8,000 lbs
>(actual weight??), and that the shear force into the wall was therefore
>about 700 lbs (8000 x sin[5 deg.]) plus there was likely considerably
>greater downward force on the wall's foundation. It is clear to me that
>the Lull cracked the wall. However, the insurance company of the Lull
>owner (a contractor building a clinic adjacent to our property) has
>refused to pay, claiming that the wall is "old" and probably has a
>"defective foundation." Because of this refusal, we will probably have
>to litigate this matter.
>
>I have done some relevant Internet research with limited results. I
>need to obtain definitive information on: (A) Government and industry
>safe distance standards, regulations, etc. for driving and parking
>heavy construction vehicles near walls and buildings. (B) Specific Lull
>operating manual and other Lull documentation that addresses this
>safety issue. (C) Websites, books, specific periodicals, etc. which
>addresses these issues.
>
>I am an older Disabled Veteran who knows little about repairing block
>walls, so if you know someone reliable and modestly-priced contractor
>in the south-central New Mexico area who can inspect my wall and/or
>give me an estimate for free or low-cost, please also let me know.
>Also, if you know of a reliable structural engineer in this area who
>can evaluate the situation, please let me know.
>
>Please respond. I need all the help I can get. Thanks. John J. XXXXXXXX
> wizguru@jjwill.com

You haven't done much homework. My first Google search shows that the
lift weighs over 20,000 pounds.

And requesting financial contributions before you even have an expert
look at it really turns me off. So much so that I won't participate in
any discussion where I might have knowledge.

--Andy Asberry recommends NewsGuy--

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