Expert Testimony

Expert Testimony for spray foam (SPF) failure cases

As an expert witness in foam failure legal cases, H C Fennell provides specialized knowledge based on his fifty years of experience in the polyurethane foam industry which helps attorneys reach an equitable settlement for their clients at the lowest possible cost.

Documents and support provided for attorneys can include any or all of the following:

  1. Credentials
    1. Installer credentials and certifications
    2. What are the industry requirements?
  2. Introduction to SPF processing and installations
    1. Before the installation – safety and preparation
    2. How the processing and installation equipment works
    3. Typical causes of SPF product failures
    4. Failure to meet industry standard best practices
    5. Codes and standards that apply to SPF projects
  3. Indoor air quality problems
    1. Total VOC testing vs SPF off gas testing with localized air testing
    2. Proving causation and the impact of EPA exposure limits
  4. Causes of building performance SPF failures
    1. Proving building performance defects
    2. What SPF installers should have and know – documentation and training
  5. Client concerns
    1. What clients want vs. what is possible in SPF failure cases
    2. Remediation options for SPF failure projects
    3. How much will it cost and how long will it take?
  6. Legal
    1. Support for the discovery process
    2. Questions with answers for Special Interrogatories
    3. Questions with answers for deposing SPF installers and chemical manufacturers
    4. Example of demand letters
    5. Questions with answers for mediations
    6. How Covid impacted remote vs. in-person inspections
    7. The potential liability of each of the parties involved in SPF projects
    8. Expert Reports, Disclosure, and Opinion letters

Providing information in legal proceedings assists the parties with understanding the complex technical processing and proper installation processes, as well as with the broader context of building science and building performance.

The testimony provided addresses the proper on-site manufacturing of SPF insulation, expected building performance, and the resulting air quality effects of polyurethane foam that is not properly processed or installed (misapplied).

Contact Henri C. Fennell for additional information about this service at hfennell09@gmail.com or by calling 802-222-7740.