Settlement FAQs

what is settlement joint

by Bonita Kozey Published 3 years ago Updated 2 years ago
image

A joint between adjacent parts of a building, structure, or concrete work that permits the adjoining masses to settle at slightly different rates.

Full Answer

What is a settlement joint in construction?

settlement joint. A joint between adjacent parts of a building, structure, or concrete work that permits the adjoining masses to settle at slightly different rates.

What is a joint settlement meeting (JSM)?

A Joint Settlement Meeting (JSM for short) is a meeting between the parties to try to settle a compensation claim. JSMs are used in the alternative dispute resolution (ADR) of civil litigation claims to

What is the purpose of deformation joints?

Settlement joints: The deformation joints are set to prevent uneven settlement of the building due to the different bearing capacity of the foundation or the large difference in load of each part of the building, resulting in the destruction of the building.

What are building separation joints?

In essence, they separate a single building into smaller structures that can move independently of one another. Building separation joints are created by constructing independent structures on each side of the joint, often times with completely separate foundations. 6. Settlement Joints

image

What is a joint in a building?

A construction joint is a type of concrete joint that is used when a new section of concrete is poured adjacent to another concrete section that has already set. The purpose of a construction joint is to allow for some horizontal movement, while being rigid against rotational and vertical movement.

What is a joint earthquake?

Seismic joints occur naturally when one building is built adjacent to another, whether or not the buildings are linked functionally. Seismic joints are also frequently introduced to separate wings, or other parts of a single building.

What are the types of joints in construction?

There are three types of joints: Contraction Joints, Construction Joints and Isolation joints. The most common are contraction joints which control cracks which are caused by restrained shrinkage, loads and other stresses.

What is a joint in a wall?

In masonry, mortar joints are the spaces between bricks, concrete blocks, or glass blocks, that are filled with mortar or grout. If the surface of the masonry remains unplastered, the joints contribute significantly to the appearance of the masonry.

What's the difference between a fault and a joint?

Joints and faults are types of fractures. A joint is a fracture along which no movement has taken place, usually caused by tensional forces. A fault is a fracture or break in the rock along which movement has taken place. One might expect more earthquakes to occur near faults.

What is joint and fault?

If rocks on one side of the break shift relative to rocks on the other side, then the fracture is a fault. If there is no movement of one side relative to the other, and if there are many other fractures with the same orientation, then the fractures are called joints.

What are the 4 types of joints and examples?

What are the different types of joints?Ball-and-socket joints. Ball-and-socket joints, such as the shoulder and hip joints, allow backward, forward, sideways, and rotating movements.Hinge joints. ... Pivot joints. ... Ellipsoidal joints.

What is purpose of construction joint?

A construction joint is the interface between concrete placements intentionally created to facilitate construction. A cold joint is a joint or discontinuity resulting from a delay in placement of sufficient duration to preclude intermingling and bonding of the material, or where mortar or plaster rejoin or meet.

What is difference between construction joint and expansion joint?

A construction joint occurs when there are multiple concrete placements. An expansion joint is used in concrete and steel. It can occur between different days of concrete placements. An expansion joint allows the concrete or steel to expand or contract with daily temperature variations.

What is separation joint?

Separation joints allow each structure to behave independently and avoid impacts from the other structure. Exterior joints between the two structures should be filled with elastic materials and then weatherproofed.

What is joint in concrete?

Concrete joints are used to compensate when concrete expands or shrinks with changes in temperature. Concrete joints are normally used to prevent cracks when the concrete shrinks by creating forming, tooling, sawing, and placing joint formers.

How do you joint a brick wall?

0:033:07How To Lay Bricks Part 5: Finishes - YouTubeYouTubeStart of suggested clipEnd of suggested clipFirst. And just drag it. Down. Get a nice clean finish. Take your time rush once you've done theMoreFirst. And just drag it. Down. Get a nice clean finish. Take your time rush once you've done the vertical joints then you can do the bed joints but it's important to start from the corner.

What causes joints in rocks?

Joints arise from brittle fracture of a rock or layer due to tensile stress. This stress may be imposed from outside; for example, by the stretching of layers, the rise of pore fluid pressure, or shrinkage caused by the cooling or desiccation of a rock body or layer whose outside boundaries remained fixed.

What is a joint in a rock?

A joint is a type of extension fracture formed by movement of the rock in a direction perpendicular to the plane of fracture. Joints form in solid rock that is stretched and its brittle strength (the point at which it breaks) is exceeded. When this happens, the rock fractures.

How do joints form in tectonic environments?

Joints may result from regional tectonics (i.e. the compressive stresses in front of a mountain belt), folding (due to curvature of bedding), faulting, or internal stress release during uplift or cooling.

What are the 3 types of faults?

There are three main types of fault which can cause earthquakes: normal, reverse (thrust) and strike-slip.

What is settlement joint?

Settlement joints: The deformation joints are set to prevent uneven settlement of the building due to the different bearing capacity of the foundation or the large difference in load of each part of the building, resulting in the destruction of the building.

When setting up settlement joints, the foundation, walls, floors and roofs of the building must be disconnected in the vertical?

When setting up settlement joints, the foundation, walls, floors and roofs of the building must be disconnected in the vertical direction, so that each part can form an independent rigidity unit that can settle freely.

How are expansion joints installed?

The expansion joints are usually installed by leaving a gap vertically at intervals along the length of the building or at large structural changes, with all the building components above the foundation broken off and divided into separate parts that can expand and contract horizontally. The foundation part is less affected by temperature changes, and generally does not need to be disconnected.

What is Special About Joint Settlement Meetings?

Formal joint settlement meetings are part of ADR. But they take place after court proceedings have started. They are usually (but not always) held face-to-face. The parties can also hold virtual Joint Settlement Meetings using video and/or telephone conferencing by agreement. I expect this will happen more given coronavirus (covid-19) concerns.

Why do compensation claims settle?

Compensation claims often settle at these meetings because the parties (usually) meet in face-to-face discussions. And, to aid negotiations, settlement offers can be made on a “without prejudice” (off-the-record) basis.

How Do JSMs Work?

Usually, both claimant and defendant (or an authorised representative) meet at an agreed venue. They set up separate meeting rooms. The lawyers then meet in a “neutral” third room to discuss the case.

What is a JSM meeting?

A Joint Settlement Meeting (JSM for short) is a meeting between the parties to try to settle a compensation claim. JSMs are used in the alternative dispute resolution (ADR) of civil litigation claims to

Why is it easier to settle a police claim?

Why? Because it forces the parties, including senior police officers, to take a critical look at police misconduct. Senior officers might find this hard to confront when their officers’ and force’s reputations are on the line. Settling claims can also have political consequences. Media scrutiny often follows. And yet, doing the hard work of resolving litigation without a court trial helps how the police are viewed. The public and politicians know that the police do not always get it right. How senior officers handle police misconduct and seek to learn from mistakes is crucial in re-building trust.

Is it a weakness to settle a claim?

There is no weakness in trying to settle a claim. Litigation is inherently risky. Both sides think they can win and might consider their case “open and shut”. But if a case goes to trial the prospects of success are 50:50, making every trial a calculated gamble. The risks are heightened when you consider things outside the parties’ control, like the whims of judges and juries, and the performance of witnesses. Exploring the possibility of settlement is a good thing. It gives the parties certainty, avoids wasting court and police officer witnesses’ time, and saves the police and their lawyers hassle and expense.

Can both sides settle claims through ADR?

Both sides can seek to settle claims through ADR at any time. ADR includes:

Expansion joints

Definition: Vertical joints are provided along the length of the building to prevent cracks or damage to the building due to temperature changes and thermal expansion and contraction. Such joints due to temperature changes are called expansion joints.

Settlement joints

Definition: Vertical joints installed to prevent damage to a building caused by uneven settlement of the foundation in all parts of the building are called settlement joints. Method: Breaks from the bottom of the foundation and runs the full height of the building. The two sides are independent units that can settle freely vertically.

Shockproof seams

Definition: In areas where the intensity of earthquakes is ≥ 8 degrees, the vertical joints set up to prevent damage to buildings caused by earthquakes are called seismic joints.

What is settlement joint?

The next type of building joint, settlement joints, are created to avoid stress from different rates of foundation settlement.

How are separation joints created?

Building separation joints are created by constructing independent structures on each side of the joint, often times with completely separate foundations.

What type of joint is used to divide a geometrically complex building into small units that can move independently of one another?

The final type of building joint, the seismic joint , is used to divide a geometrically complex building into small units that can move independently of one another during an earthquake.

What is a building joint?

A building joint is essentially a separation of building elements that allows for independent movement and protects the structure and finishes from damage. A few common types of joints used in building construction include the construction joint, control joint, expansion joint, settlement joint, and the seismic joint.

How wide is an expansion joint?

They are made waterproof with waterstops, elastic joint sealants, metal flashing, or caulking. Expansion joints vary in width from half an inch to one inch in width.

What is the second type of joint?

In steel construction, it might include the welding or bolting of a steel frame. The second type of joint is the movement joint . There are many types of movement joints, however, the one thing they all have in common is that they allow for anticipated movement without causing damage to the underlying material.

What are the two types of joints?

The first type of joint is the non-movement joint. These include most joints that are used to connect materials in a building.

What is joint proposal for settlement?

7 A joint proposal for settlement is a single proposal made to or from multiple parties. 8 T his article explores the history of the joint proposal for settlement and analyzes whether it has any continuing viability based on recent developments in the law and recent changes to Fla. R. Civ. P. 1.442. The conclusion is that except in the case of proposals made after January 1, 2011, to or from defendants alleged to be only vicariously, constructively, derivatively, or technically liable, litigants would be wise to avoid using the joint proposal for settlement because it is fraught with pitfalls and has been rendered obsolete by the case law.

Which court case settled the issue of undifferentiated joint proposals with a bright line rule that they are per answer?

Lamb settled the issue of undifferentiated joint proposals with a bright line rule that they are per se not enforceable.

Why was the Gorka proposal for settlement defective based on Lamb?

The per curium opinion of the Supreme Court, in which four members joined, held that the Gorka proposal for settlement was defective based on Lamb because it did not allow each offeree to independently evaluate and accept the proposal. 46 A lthough Lamb had held that each offeree must be able to independently evaluate a proposal for settlement, no court had previously held that each must be able to independently accept the proposal. 47

What was the case in Clements v. Gorka?

Shortly after the First District Court of Appeal decided Clements, the Second District Court of Appeal was faced with the same issue in Attorneys’ Title Insurance Fund, Inc. v. Gorka, 989 So. 2d 1210 (Fla. 2d DCA 2008), and came to the opposite conclusion. In Gorka, a husband and wife sued their title insurer after it refused to defend them in a dispute regarding their property. 39 T he insurer served a proposal for settlement that offered each spouse $12,500, but included the condition that the proposal could only be accepted if both spouses accepted; neither could accept the proposal without the other. 40 T he husband and wife rejected the proposal for settlement. 41 A fter the insurer prevailed at trial, it moved to recover its attorneys’ fees. 42 T he trial court denied the motion. Citing Lamb, the Second District Court of Appeal affirmed, finding that the proposal for settlement was invalid because it did not permit each offeree to independently evaluate and accept the proposal. 43 T he court certified conflict with Clements. 44

Why are undifferentiated joint offers defective?

The court held that undifferentiated joint offers were defective because “each party who receive [s] an offer of settlement is entitled. .. to evaluate the offer as it pertains to him or her.” 9.

What is the purpose of Section 768.79?

v. Lewis, 14 So. 3d 1230, 1235 (Fla. 4th D.C.A. 2009) (“The purpose of Section 768.79 is to lead ‘litigants to settle by penalizing those who decline offers that satisfy the statutory requirements. ’”) (quoting BDO Seidman, LLP v. British Car Auctions, Inc., 802 So. 2d 366, 371-72 (Fla. 4th D.C.A. 2001)).

What is the expected result of the attorneys fee sanction?

(“The expected result of the attorneys’ fee sanction was to reduce litigation costs and conserve judicial resources by encouraging the settlement of legal actions. The effect, however, has been in sharp contrast to the intended outcome because the statute and rule have seemingly increased litigation as parties dispute the respective validity and enforceability of these offers.”) (Citations omitted.)

What Is a Joint-Life Payout?

The term joint-life payout refers to a payment structure for pensions and retirement plans in which a surviving spouse will continue to receive income after the account holder dies. That contrasts with a single-life payout, for which payments end with the death of the account holder. These two payout options are also known as joint-and-survivor and single-life annuities.

What is the other type of joint life insurance?

The other type of joint life insurance is second-to-die, which pays a death benefit to the policy's beneficiaries when both policyholders are dead.

Can a married couple have joint life?

In many cases, the joint-life option is the legally required default for married account holders, and they can elect the single-life option only if their spouse agrees to that in writing. 1 A spouse might agree, for example, if they have sufficient retirement income of their own. Account holders and their spouses will often have several joint-life ...

Does joint life affect the payout?

The option they choose will also affect the account holder's payout—the larger the spouse's future payout, the lower the account holder's payout will be. Though joint-life payouts refer to pension plans, there is also a type of life insurance policy that goes by the name of joint life.

image
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z 1 2 3 4 5 6 7 8 9