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Construction Defect Litigation: Hiring an Expert Witness

[fa icon="calendar'] May 11, 2021 9:00:00 AM / by Mark McGivern, CSI, Aff. M. ASCE

Great expert witnesses are a critical part of a construction defect litigation team from start to finish. They can make or break your case, so it is critical to work with an expert who understands the technical side of the case and who can communicate clearly and objectively with all parties involved.

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Document Management for Construction Litigation

[fa icon="calendar'] Apr 26, 2021 3:15:00 PM / by Philip B. Terry, Sr. Vice President

Documents tell powerful stories in construction defect litigation—from small, straightforward cases with a few hundred documents to highly complex cases with thousands of files and millions of pages. Attorneys working with these documents need a manageable way to cull, store, search, and review them. Some systems of document management are cumbersome and expensive while others are not robust enough. How do you choose the best document management system for your needs? 

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Why Hire a Forensic Architect?

[fa icon="calendar'] Apr 19, 2021 10:15:00 AM / by Kenneth R Quigley, PE

Forensic architects serve multiple purposes throughout construction projects. Most commonly, they are brought in to investigate the root cause of damages caused by construction defects or other damages to buildings. Owners, architects, and contractors also hire forensic architects during the design and construction phase to help identify potential trouble and advise on how to avoid it. These professionals are especially useful when a project team is unable to identify or come to a consensus about the source of a problem. The role of a forensic architect is to be an unbiased, third-party expert, identifying issues within the construction or building, determining causes, and suggesting solutions.

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Construction Defect Litigation: The Critical Role of the Expert Forensic Witness

[fa icon="calendar'] Apr 12, 2021 9:45:00 AM / by Mark McGivern, CSI, Aff. M. ASCE

Expert witnesses are a critical part of construction defect cases, whether the outcome of a case is determined through a trial or arbitration. Attorneys rely heavily on expert witnesses to support them in understanding the facts of the case, the cause of the defect, and what is required to repair the defect.

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After Years of Decline, Asbestos Use is on the Rise

[fa icon="calendar'] Dec 11, 2017 11:00:00 AM / by Mark McGivern, CSI, Aff. M. ASCE

Do not believe that asbestos is not being used in building products that you specify or construct.  Contrary to popular belief asbestos is not illegal in the U.S.  According to the EPA many building products can be manufactured with asbestos.

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Hurricanes and Construction Cranes - Look Out Below

[fa icon="calendar'] Dec 5, 2017 10:00:00 AM / by Kenneth R Quigley, PE

 

During Hurricane Wilma a tower crane at a high-rise condominium construction site in Hallendale, Florida suffered a collapse.  The building, a 28 story concrete structure, is situated between the Atlantic Ocean and Route A1A, and was under construction at the time of the collapse.  The crane was situated on the west side of the building and was connected to the building at the tenth and twentieth floors.  The crane was over 300 feet tall.  The crane broke at the twentieth floor; the top of the crane fell to the ground while the lower portion was damaged but remained attached to the building.  CCA was requested to review the circumstances of the collapse of the crane and provide opinions as to the cause. 
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Using Experts to Solve Log Jams in Construction Defect Settlements

[fa icon="calendar'] Oct 17, 2016 9:23:15 AM / by Mark McGivern, CSI, Aff. M. ASCE


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?

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Top Builder to Pay for Condo Defense

[fa icon="calendar'] Jun 6, 2016 10:00:00 AM / by Mark McGivern, CSI, Aff. M. ASCE

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



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The Complicated Nature of Construction Defect Insurance Disputes

[fa icon="calendar'] Apr 15, 2016 9:27:11 AM / by Mark McGivern, CSI, Aff. M. ASCE

Construction defect insurance cases can be challenging. These cases often have between 15 and 50 parties involved with many contractors, insurance policies and attorneys, which only add to their complexity, a recent California Lawyer article explains.

 “We have very extensive pre-mediation conference calls and briefings—recently I worked on a matter where the briefs, with the expert reports, went to 700 pages.” (For more about our thoughts on Document Management, read our blog post here)

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Construction defect reform in Colorado

[fa icon="calendar'] Mar 28, 2016 7:30:00 AM / by Kenneth R Quigley, PE

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.

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