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Why hire a forensic architect?

[fa icon="calendar'] Jun 5, 2018 10:00:00 AM / by Kenneth R Quigley, PE

Forensic architects can serve multiple purposes throughout and after a construction job is complete. Most commonly, forensic architects are brought in to investigate the root cause of construction defects or building issues after a project is complete. However, forensic architects are also often hired onto a job during the design and construction phase to help identify any unforeseen issues that could be avoided. In these cases forensic architects are often hired as an unbiased 3rd party and act as an additional set of eyes based on the specialized experience they can bring to a job.

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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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No Express Misrepresentation Needed To Assert A Negligent Misrepresentation Claim Against A Design Professional in PA

[fa icon="calendar'] Feb 29, 2016 3:20:44 PM / by Guest post

Guest Post
By: Gaetano P. Piccirilli and Zachary D. Sanders

In construction claims, Pennsylvania's economic loss doctrine generally bars tort claims against parties to which the contractor has no privity of contract and has suffered only economic harm - i.e. lost profits, delay damages, etc. Until 2005, the economic loss doctrine prevented contractors and subcontractors from suing an owner's design professional directly for economic losses resulting from defective designs. In 2005, the Pennsylvania Supreme Court, in Bilt-Rite Contractors, Inc. v. The Architectural Studio, held that a design professional may be liable for economic losses to a contractor or subcontractor under a negligent misrepresentation theory in situations "where it is foreseeable that the [design documents would] be used and relied upon by third persons, even if the third parties have no direct contractual relationship with the supplier of information."

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Getting a Grip on Document Management

[fa icon="calendar'] Sep 16, 2015 9:00:00 AM / by Philip B. Terry, Sr. Vice President

Effective document management is critical to successful litigation.

Whether it is a highly complex case with hundreds of thousands of files and millions of pages or a quick trial with just a few hundred documents, attorneys need a manageable way to store, search, review and cull documents to tell the most powerful story.

There are plenty of document management systems on the market – the key is choosing the right system for each case. Some solutions, as powerful and stable as they may be, can be cumbersome, expensive and frankly just overkill, while simpler systems sometimes simply are not up to the job.

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Liability Limitations on the Construction Manager's Role

[fa icon="calendar'] Sep 14, 2015 7:00:00 AM / by John R. Manning, PE, CCM, LEED

When considering the use of a Construction Manager at Risk (CMAR), it is critical that an owner understands the limitations of liability that a CMAR has in regards to their design review services. As PretiFlaherty reported on September 3rd, the Massachusetts Supreme Court recently clarified the construction manager’s role.

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