What do litigators expect to come from these latest developments?

David Hawthorne is a partner at Pathman Schermer Tandy in Miami. He thinks this should have been anticipated.

David Hawthorne, partner of Pathman Schermer Tandy. Courtesy photo

"When it was initially designed, it didn't allow for certain things and apparently, later on, there was loads put on there like pavers, and planters. Obviously, the more loads you put on it, the more weight you put on it. Combine that with steel that's corroding due to the salt, and the fact that the building was so close to the sea, you get a recipe for disaster that, in hindsight, should have been anticipated," Hawthorne said.

After its examination, the federal team discovered the concrete was cast in a manner that rendered it susceptible to water infiltration, resulting in substantial corrosion of the steel reinforcement within. The report also said the placement of the rebar within the cast concrete slabs of the pool deck was done improperly, resulting in sections that lack the required strength.

Glenn R. Bell, an NCST investigator, reported the design of the structure did not meet the codes and standards applicable at the time of original construction.

"In the most severe of these understrength areas, the strength provided by the design is only about half of what's required by codes and standards," Bell said during Thursday's  presentation.

NIST deployed a team of scientists and engineers to collect firsthand information at the site the day after the collapse. Since then, NIST experts have been working with federal, state, and local authorities to identify and preserve materials and information that might be helpful in understanding why the collapse occurred. Their final report is not due for two more years.

Hawthorne says in the meantime, the information that is trickling out is helpful to see where attorneys need to go to protect their clients now.

"As litigators, we're looking to see what the causes are for the failure, and based on that, who do you point the finger to?  Buildings in the future are going to be looking at this and saying, 'Well, maybe we need to look at our pool deck. Was our pool deck built to code at the time? And if it was, did we add things on there that maybe weren't anticipated? And if we did, who do we blame?" Hawthorne said.

Do we blame the design professionals and if the design was okay, then do we blame the contractor, the general contractor if it wasn't built properly?

"As a litigator and you know, our job is to determine who was at fault, basically."

The government's report said over the course of the building's four-decade lifespan, additional problems arose due to the placement of heavy objects, such as large planters containing palm trees, on sections of the pool deck that was already weakened.

Harley Tropin, founding Partner of Kozyak Tropin & Throckmorton. Courtesy photo

In response, the affected families and survivors reached a historic settlement of $1 billion last year. As lead co-counsel in that class action, founding Partner of Kozyak Tropin & Throckmorton, Harley Tropin, reacted to Thursday's report with a brief statement.

"We are glad that NIST is progressing in its work in determining some of the causes of the Surfside tragedy," Tropin said.

In the wake of the events leading to the accident, Miami's land use attorney and the chairman of the City of Miami's Climate Resilience Committee emphasize the importance of comprehensive underground building inspections suggesting the use of ground-penetrating radar, a technology that can provide valuable insights into the structural integrity of buildings, reports said.

While various legal proceedings continue to move forward, plans for a new 12-story beachfront condo tower on land where the towers once stood have been submitted by a developer to the town of Surfside.