Using Experts to Solve Log Jams in Construction Defect Settlements
It is no secret that construction defect liability claims can become incredibly complicated. When something goes awry after tenants have moved in, the finger pointing game begins. Was it a design flaw or was something installed improperly? Did equipment fail or did the property manager improperly maintain it? Should the construction contractor have realized the engineers made a mistake? When the stakes become large, which insurance company should be on the hook?
California passes new laws following Berkeley tragedy
Berkeley took center stage in June 2015 when six students died tragically and another seven were injured after a balcony on which they were standing on collapsed.
As a result, the California Senate has passed a new law for the construction industry traced back to Berkeley balcony collapse. The bill was passed after a unanimous vote or 37-0 and is intended to close those accountability gaps by bringing stricter oversight to the construction industry.
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2016 West Coast Casualty Construction Defect Seminar
The CCA Group was proud to be the lunch sponsor at the 2016 West Coast Casualty Construction Defect Seminar. As always, it was a great opportunity to discuss all of the latest trends, new ideas and best practices, as well as network with many leaders in our field.
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Top Builder to Pay for Condo Defense
The verdict is in! After many years and a 38-day trial a Florida six-person jury has ordered one of America's largest home builders to pay up to $9.6 million in damages. This amount is due to alleged defective stucco, roofs, and windows in a 240-unit complex located in Jacksonville, a recent Durability and Design article explains
Construction defect reform in Colorado
Working since January on their fourth attempt at passing construction defect reform legislation, Colorado state lawmakers are still having difficulty passing any meaningful reform. First reported in January by The Denver Post, builders are hesitant to start new projects in the state - leading to a lack of condo units available for purchase, and no new condo project applications.
"Reform proponents blame Colorado's construction-defects law for the condo shortage, saying the law makes it too easy for homeowners to sue over cracked foundations, leaky windows and other structural problems.
Read More [fa icon="long-arrow-right"]No Express Misrepresentation Needed To Assert A Negligent Misrepresentation Claim Against A Design Professional in PA
Guest Post
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New Jersey Fire Officials Demand Tougher Code
On August 24th, The Journal of Light Construction reported on New Jersey fire officials are looking for change - and are concerned that policymakers are dragging their feet seven months after a runaway apartment building fire.
"At issue in New Jersey is the question of whether stick-frame construction — what firefighters are calling "lightweight wood construction" — should be allowed in multifamily dwellings at all. Two identical bills under consideration in the state Assembly and the Senate would impose a two-year moratorium on permitting and building of stick-framed apartments or condominiums while officials study the question."
Read more about the situation here: http://www.jlconline.com/coastal-contractor-news/new-jersey-fire-officials-demand-tougher-code_o
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Construction Defect Litigation: Engaging Your Expert Witness
About this blog series:
An expert witness can make or break your construction defect case. Unlike many other types of litigation, construction cases (of all types) are often “expert driven” in determining ultimate liability and damages. The ability of the expert not only to qualify but to work and communicate clearly and objectively with counsel and client is key.
Having served as an expert witness in hundreds of cases over the past twenty years, I believe that the expert witness who can distill complex processes into plain and simple language leaves an indelible impression on judges, juries, arbitrators, and other triers of fact.
In this series of blog posts, I offer insight gained from my experience as a forensic expert, as well as in managing and working with other experts on cases both big and small. My experiences include working as a litigation consultant to assist carriers, counsel, and corporate clients in construction defect, breach of contract, E&O, and property claims litigation in a multitude of venues throughout the United States My hope is that those of you who retain expert witnesses will find value in understanding the perspective from the other side when vetting an expert you may not have worked with before. Even if you know the expert, these steps may provide you with insights that will enhance your dialogue with the expert and maximize the relationship and the outcome of any retention.
Whether you are engaging an expert on behalf of a litigant party or as a non-testifying consultant, these tips may provide insights that will help to ensure that the engagement meets your needs and expectations.
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Balcony Issues: Common Structural Failures
As I noted in my last blog post, and as recent news stories reveal, wood rotting and structural failures of balconies and decks can have costly consequences. The structural design and construction of decks and balconies, including their guardrails (or handrails) are critical for the safe performance of these structures and to avoid structural failure.
Signs of common balcony and deck structural failures
Of course, if you have questions concerning the structural integrity of your balcony and deck, it’s best to call a structural engineer to inspect the property and provide a professional opinion. In Boston, property owners are required to have certain facades inspected and certified within every five years. While this is not required for all properties, it is a good idea to schedule an inspection for your property’s balconies and/or decks within this time frame.
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Balcony Issues: Structural Performance
As recent news stories reveal, wood rotting and structural failures of balconies and decks can have costly consequences. The structural design and construction of decks and balconies, including their guardrails (or handrails) are critical for the safe performance of these structures and to avoid structural failure.
