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Allocation of Responsibility for Construction Defects

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Free 1-Hour Webinar on Thursday, November 19th, 2026 at 10:00am Pacific Time

Introduction

Allocation" is mostly "science," but critical parts include the “art” of applying professional judgment. Construction defect litigation claims come in all possible project types, sizes, and ownership structures. It's rare that construction defect (CD) claims are related to a single party. There are usually multiple parties who share responsibility, and sometimes, there are dozens.

 

Given how complicated allocation is, it's important to have an engineered process for assigning supportable portions of the cost to repair defects and other damages to each responsible party. This includes making a sensible list of defects ("issues") that can be allocated, assigning values to each issue or category, making a list of all possibly involved parties and understanding their role in the project, and assigning justified portions of responsibility for each issue. A real, professional, supportable allocation has a lot of moving parts. There is lots of math, connected spreadsheets, and professional judgment from expert witnesses and lawyers.

Our panel includes a claims professional, experienced lawyers with understanding of insurance coverage, and building experts who understand defect, analysis, and contractual roles & responsibilities, and a detail-oriented team to transform mountains of data into solutions.

Program Outline

  1. Introduction

  2. Working Backwards

  3. Analyzing Construction Defects

  4. Allocation Matrix

  5. Who - What - Where

  6. Professional Judgement

  7. Making a Case

  8. Conclusion

Learning Objectives

  • Review the process for assigning supportable portions of the cost to repair defects and other damages to each responsible party.

  • Define what parts of allocating responsibility are "science" with little room for argument.

  • Examine what parts of allocating responsibility is more "art," or open to professional judgement.

  • Show the common documents and spreadsheets seen in allocating responsibility for construction defects.

  • Explain the math behind arriving at allocation percentages.

Our Panel

George Gehron
Expert
Pete Fowler Construction

Tim Dobrenen
Assistant Vice President - Claims
Hanover Re

Hon. Keri Katz
Mediator / Arbitrator
Signature Resolution

Ivette Kincaid
Partner
Kahana & Feld, LLP

have a question for the panel?
 

Continuing Education

This webinar is applying for continuing education credit for both attorneys and insurance professionals in the following states: Florida, Nevada, California, and Texas.

  • NOTE: Many states acknowledge reciprocal credit for courses certified through the Texas Department of Insurance. Be sure to review the guidelines specific to your state, and verify the process for obtaining credit for a course approved with the state of Texas.

  • The CEU Institutes will be the continuing education provider for our webinars in 2026. Any questions regarding continuing education credit can be directed toward their compliance team by emailing rosters@ceuinstitute.net

  • This provider does not accept poll responses submitted via the chat function. All three of polling question answers must show on the specific poll report generated by Zoom Webinar to count for credit.

  • It can take up to 30 days for credit processing and certificate distribution.