We Offer Construction Defects Support By: |
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Providing technical expertise from fact finding through the settlement process
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Performing a merit determination and pre-negotiation strategy for all claims made in the Plaintiff's report |
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Providing the professional representation necessary to obtain a favorable outcome for the client
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Construction defect litigation from a defense perspective : |
BREAKDOWN CONTENTS OF PLAINTIFF'S REPORT AND OTHER RELEVANT DOCUMENTS |
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Type of defects occurring |
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Where they are occurring |
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Frequency that the defects allegedly occur |
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The alleged cause of the defect and responsible party |
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Note the subcontractor allocations, based on the report |
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The manifestation of the defects |
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The proposed repair methodology |
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The proposed repair cost |
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Assist with setting insurance reserves as needed |
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PREVIEW PLAINTIFF'S REPORT FOR POTENTIAL WEAK AREAS |
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Determine specific locations for testing
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Test a reasonable number of defect types and locations |
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Have backup locations for additional inspections if necessary |
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Document the conditions thoroughly |
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Focus on the specific allegation |
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Rebut the allegations with the findings |
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Identify repetitive defects and separate those from individual anomalies |
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DESTRUCTIVE TESTING |
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Determine specific locations for testing
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Test a reasonable number of defect types and locations |
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Have backup locations for additional inspections if necessary |
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Document the conditions thoroughly |
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Focus on the specific allegation |
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Rebut the allegations with the findings |
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Identify repetitive defects and separate those from individual anomalies |
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DEFENSE RESPONSE REPORT |
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Assemble findings
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Contrast to Plaintiff's report |
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Respond to Plaintiff's report with defect matrix |
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Exclude allegations which can be eliminated |
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Segregate design from workmanship defects |
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Propose reasonable and effective repairs where required |
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Provide cost estimate |
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CROSS-COMPLAINT STRATEGY |
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As the Developer's or General Contractor's representative, allocate liability internally to the various subcontractors |
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As the Subcontractor's representative, have a solid rationale for allocating liability among other potential defendants |
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NEGOTIATIONS, MEDIATIONS, AND SETTLEMENT CONFERENCE |
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Agree on any common ground and eliminate from contention any items that can be eliminated |
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Know your positions in advance |
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Know where to stand firm, where to compromise, and why |
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REPEAT THE PROCESS FOR AMENDED PLAINTIFF'S REPORTS AS REQUIRED |
Construction Defects
Property Losses
Estimate Format |
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