Liability Limitations on the Construction Manager's Role
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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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: 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.
Common Balcony Issues: Water Intrusion Due to Construction Defects
There is no shortage of news stories about balcony failures. From the recent collapse in Berkeley, California to The New York Times report on construction defects following a Brooklyn housing boom, balcony and deck construction defects and the possible devastating consequences and law suits make for attention grabbing headlines - and should be of concern to any home or building owner.
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Root Cause Analysis: An Important Tool in Accident Investigation
When damages occur, identifying other contributing causes may keep your client from shouldering all the blame—and the associated costs.
Once in a while, an incident occurs that is cut and dry: the cause of damages is clear and a single party is to blame. The only question left for an expert to answer is how much monetary damage was caused. But far more often, when things go wrong there are multiple parties who might be responsible, even when at first glance a single party seems to be on the hook.
Read More [fa icon="long-arrow-right"]Brooklyn construction defects on the rise
Following a Brooklyn building boom, The New York Times reported on March 6th that construction defect cases are on the rise.
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