Construction Defects from the Developer & GC Perspective

Introduction

"Construction Defect Litigation from the Developer & GC Perspective" is compiled from a sequence of case studies in successful planning, analysis, and execution of expert work on behalf of developers and general contractors. Construction defect litigation can be expensive, confusing, and long lasting, but it doesn't have to be. Through this presentation, we break down the process from the Developer and GC point of view, and provide approaches and alternatives in construction defect litigation.

This program demonstrates how developer and general contractor litigation should be investigated and executed from an expert consultant perspective, using the most current ASTM standards and science-based building performance analysis. In preparing for trial, you want the highest level of professionalism in conducting building performance investigations. Investigations should involve conformance with the best standards of practice, a written investigation plan, random selection protocol for inspection and testing locations so the data is not biased, a comparison performance to perfection, realistic repair estimates, and allocations to trade contractors. This program includes real-life case studies applying various approaches to construction defect litigation matters and examples of good work.

Webinar

This program was last presented on April 23rd, 2020

Learning Objectives

• Gain a big-picture perspective on handling construction defect litigation from a developer or general contractor perspective.

• Review case studies of numerous project types.

• Look at actual project deliverables.

Program Outline

1. Introduction

2. Preliminary Analysis

3. Analysis

4. Detailed Analysis

5. Allocation & Mediation

6. Deposition & Trial

7. Conclusion

Resources

1. Backup materials from the webinar presented October 28, 2015

2. Construction Defect Series:

   • Webinar: Construction Defects from the Plaintiff Perspective, August 27, 2015

   • Webinar: Construction Defects from the Cross-Defendant/Third-Party Perspective, November 19, 2015

3. Program Backup Materials

   1. PFCS Service Summary

   2. SB 800 Introduction and Summary: CA Builders Right To Repair Law - A 5-page whitepaper by Pete Fowler Construction Services, Inc., copyright Dec. 2, 2011

   3. Construction Defect Claim - Resolved During Pre-Litigation Using Science. California Builder's Right to Repair and Elevator Claims.

   4. Managing Expert Costs - An 8-page whitepaper by Pete Fowler Construction Copyright 2008

   5. PFCS About Us 1-page brochure from 2019

   6. PFCS Construction Defect Services 1-page brochure from 2013

   7. Portfolio Management of Construction Claims - An integrated system for analyzing and evaluating a collection of related claims by Pete Fowler Construction Services, Inc., copyright 2011.

4. Other Related PFCS Resources

   1. Common Construction Defects - by Pete Fowler. Published by The Journal of Light Construction in 1998

   2. Dangers of Mold - by Pete Fowler. Published by Window and Door Magazine in 2003

   3. Contracting 101 - A simplified framework for explaining the roles & responsibilities in construction.

5. This presentation was previously delivered as a webinar on 3/15/2018.