Allocation of Responsibility of Construction Defects


On February 16th at 10:00 A.M., Pete Fowler and Mike Villalba presented a one-hour webinar called Allocation of Responsibility of Construction Defects.

Allocation of Responsibility for Construction Defects is for everyone who needs to understand how the costs of construction defect allegations should be distributed to responsible parties. The
program is for construction, insurance, legal and property professionals; particularly those who regularly deal with construction defect litigation. The process for allocating responsibility of
construction defect allegations is mostly “science,” but some critical parts include the “art” of applying professional judgment. The program will outline the mechanics of the process including: (a.) making a sensible, allocatable list of defects, (b.) assigning values to each defect issue or category, (c.) making a list of all the parties who might be involved and understanding what each of them did on the project and where, and (d.) assigning supportable portions of responsibility for
each issue.

Learning Objectives

  • Understand the mechanics of allocating defects to responsible parties
  • Understand which parts of the process are “science.” That is, mostly unarguable.
  • Understand which parts of the process include the “art” of applying professional judgment. That is, arguable. 
  • Review some case studies and real world examples of allocation in action.

Program Outline

  1. Introduction
  2. Analyzing Construction Defects
  3. A Sensible List
  4. First Pass Allocation Methods
  5. Applying Professional Judgement
  6. Fancy Stuff
  7. Conclusions

This program is approved for one hour of CLE for attorneys in California. Pending approval in Nevada and Oregon. This program is not approved with the California Department of Insurance.

Click here to view previous posts about this program.