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Contact Us: 866-706-7327

Webinars

Habitability Claims

Habitability Claims appear to becoming more and more common, and, although there is no concise, statutory definition of the term, there are LOTS of regulations mandating the minimum performance requirements of residential property being rented by owners to tenants. We’re providing a FREE, one-hour webinar on investigation and evaluating Habitability Claims from the construction expert’s perspective.

Professional Construction Contracting Discipline

What it is and how to get it

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Definition

The ability to define precisely a 100% complete scope of work for a construction project, to budget and schedule that work, to professionally contract for that work at the prime level (directly between the Owner and Contractor), to break that 100% scope-budget-schedule into manageable chunks by trade or subcontractor, to contract for each of those individual trade or subcontract scopes of work with a corresponding budget and schedule, to coordinate all of those scope-budget-schedules in executing the construction, to manage changes to the scope-budget-schedule at the prime and sub levels, and to verify with precision that each of those scope-budget-schedule packages is being executed in conformance with the plans, specifications, trade standards, budget, schedule, and contracts. 

Webinar

Date: Wednesday, Dec. 18
Time: 10 a.m. PT
Duration: 60 minutes

Discussion

Pete Fowler Construction does three things: building inspection & testing of many types; construction management, specifically estimating and building maintenance and rehabilitation management for owners; and building claims and litigation consulting related to everything imaginable that could make someone sad about real estate. We have refined processes, technology, and staff who are experts in building performance analysis, building economics, and construction management.

Since so many of our technical staff are "forensic consultants" who testify as expert witnesses, we have to create plain English definitions of what otherwise could have stayed techno-speak in the Nerdville that exists in the engineering and construction management departments of universities. We have to do this so that the non-technical people we work for can make informed and smart decisions, And this exercise has helped us to improve our own construction management practices and processes. As we have written in our internal training documents: (1.) Define what awesome work looks like, and (2.) train to mastery.

Presenters

Details

Professional Construction Contracting Discipline

Level 1 Work Breakdown Structure (WBS)

  1. The ability to define a 100% complete scope of work for a construction project, 

  2. to budget and 

  3. schedule that work, 

  4. to professionally contract for that work at the prime level (directly between the Owner and Contractor),

  5. to break that 100% scope-budget-schedule into manageable chunks by trade or subcontractor, 

  6. to contract for each of those individual trade or subcontract scopes of work with a corresponding budget and schedule, 

  7. to coordinate all of those scope-budget-schedules in executing the construction, 

  8. to manage changes to the scope-budget-schedule at the prime and sub levels, and 

  9. to verify with precision that each of those scope-budget-schedule packages is being executed in conformance with the plans, specifications, trade standards, budget, schedule, and contracts. 

Professional Construction Contracting Discipline
Level 2 WBS with discussion and key deliverables

1. The ability to define a 100% complete scope of work for a construction project, 

  • A. WBS (Basis of Schedule of Values)

  • B. Estimate Details with trade/sub scopes broken down (No Prices) 

  • C. RFIs / RFI Log

2. to budget and 

  • A. Budget (Worksheet - Basis of Schedule of Values)

  • B. Estimate Details with Labor, Material, Equipment, and Trade Contractor Prices

  • C. Budget to Actual Comparison

3. schedule that work,

  • A. Progress Schedule

  • B. Progress Schedule Updates / Comparison of Plan to Actual

4. to professionally contract for that work at the prime level (directly between the Owner and Contractor),

  • A. Prime Contract

  • B. Insurance Requirements

  • C. RFP

  • D. Other Addenda

5. to break that 100% scope-budget-schedule into manageable chunks by trade or subcontractor, 

  • A. Trade/Sub Scopes of Work

  • B. Trade/Sub Budget

  • C. Trade/Sub Progress Schedule (Integrated with the Project (Master) Progress Schedule)

6. to contract for each of those individual trade or subcontract scopes of work with a corresponding budget and schedule,

  • A. Subcontracts

  • B. RFP

  • C. Contractor Solicitation & Pre-Qualification

7. to coordinate all of those scope-budget-schedules in executing the construction,

  • A. Project Kickoff

  • B. Meeting Management

  • C. Trade/Sub Progress Payment Application Processing

8. to manage changes to the scope-budget-schedule at the prime and sub levels, and

  • A. Prime Contract Change Order Processing

  • B. Trade/Sub Change Order Processing

  • C. Change Order Log

9. to verify with precision that each of those scope-budget-schedule packages is being executed in conformance with the plans, specifications, trade standards, budget, schedule, and contracts. 

  • A. Progress Schedule QC Hold Points

  • B. Inspection Checklist(s)

  • C. Managing Construction Quality

  • D. Inspection

  • E. Issues Management, Followup, and Closure

  • F. Punch List

  • G. Payment Application Approval memos

  • H. Report to Management (As GC this is prior to Payment Application. As CM this is between receipt and approval of payments.)

Project Team

  • Construction Manager

  • Project Coordinator

  • Project Executive(s)

  • Other

Meeting Rhythm

  • Project Kickoff

  • Daily

  • Weekly

  • Monthly

  • Project Close

End of (Service) Life Care: Evaluating Aging Building Infrastructure

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Introduction

Evaluating the performance of aging building elements is not one of the hard sciences; and in the case of electrical, HVAC, plumbing, foundations, below grade waterproofing, and more, it is complicated by the fact they are partially or entirely hidden. This program is for those tasked with helping people make long-term decisions about their building systems and Pete Fowler Construction Services’ approach to applying the scientific method to building rehabilitation decisions.

End of (Service) Life Care: Evaluating Aging Building Infrastructure" begins with a discussion of the importance of this subject, because most people spend 20-50% of their income on housing. Then we get into the details of who should be on the team and exactly what should be done to professionally evaluate the discrete building elements and apply professional judgement about what work should be done and when. We will have a high-level discussion about professional construction contracting discipline and how a broad lack of this in the building rehabilitation industry is causing harm to the most fragile property owners. Finally, we will wrap with a discussion of how to plan for the inevitable future.

Outline

  1. Introduction

  2. End of Life Care

  3. "Don’t ask the barber whether you need a haircut."

  4. Playing Doctor

  5. Operation

  6. Retirement Planning

  7. Conclusion

Learning Objectives

  1. There is an alternative to the terrible way that aging properties are typically assessed and rehabilitated.

  2. Who is on the team in evaluating aging infrastructure is VERY important.

  3. Building performance analysis is about 80% science that should be performed according to industry standards, and 20% art or professional judgement.

  4. Professional construction contracting discipline is 95% science.

Backup Materials

  1. Managing Property Maintenance & Repair by Peter D. Fowler

  2. The DBSKCV Construction Management Method by Peter D. Fowler

  3. Overview of ASTM E2128 by Haughton & Murphy – Interface Magazine

  4. Managing Construction Quality by Peter D. Fowler

  5. AIA A201 2017 General Conditions of the Contract for Construction

Contents

1. Introduction

  • We Know Buildings

  • Team

  • Projects

  • Clients

  • Program Outline

  • Program Introduction

  • Learning Objectives

  • This Might Sound Salesey

2. End of Life Care

3. "Don’t ask the barber whether you need a haircut."

  • Case Study: Soil Subsidence Repair

  • Who? The Most Important Q

  • The Building Doctor

  • Who Is In Charge of What?

  • Who is on the Team?

  • Fee for Service

  • Hiring Discipline

  • RFP Sample for Hiring Professionals

  • Firing an Engineer

  • An Army of Sheep

4. Playing Doctor

  • Case Study: Plumbing in a High-Rise

  • Building Performance Analysis

  • Document & File Management

  • Meetings/Interviews with Key People

  • Building Information Management

  • Inspection

  • Analysis

  • Testing

  • Estimate

  • Property Condition Assessment

  • Element Analysis

5. Operation

  • Case Study: CM with Major Savings by Minimizing COs Using Estimating Skill

  • The Traditional Approach

  • Common Pitfalls

  • Professional Construction Contracting Discipline

  • The DBSKCV Construction Management Method

  • Prescribe: RFP Contents

  • The Golden Rule

  • Don't Sign That contract!

  • Start with One Building or a Small Sample

6. Retirement Planning

  • Case Study: Elevator Closet

  • Comparison of Plan to Actual: Construction Costs & Schedule

  • BLM Matrix

  • As-Builts or PCA Update

  • Standardized Maintenance & Repair Scopes of Work, and RFPs

  • Reserve Study

  • The Most Powerful Force in the Universe

  • Comparison of Plan to Actual: Reserve Study

7. Conclusion

  • Program Outline

  • Learning Objectives

  • Program Introduction Revisited

Presentations

This program was originally presented at the Reserve Analysts (APRA) Symposium 2018 in Nashville, TN.

Here is a link to the complete presentation and backup materials

Analyzing & Monetizing Construction Claims & Defects: Claim Analysis 101

Introduction

PFCS President, Pete Fowler, presented the first webinar of 2017 on January 12 at 10 a.m.

“Analyzing & Monetizing Construction Claims: Construction Analysis 101” is a free webinar that delves into the basics of what we do here at PFCS. This program covers a variety of subjects and could go by many titles:

  • Building Performance Analysis and Budgeting 101

  • Analyzing and Monetizing Construction Defects

  • How Building Owners and Managers Should Decide What Needs Fixin’... and More Important, What Doesn’t

  • Level 1 Analysis

  • Making Smart, Budgeting-Conscious Decisions About Construction

Pete Fowler has been a professional cost estimator for more than 20 years and through this webinar, he will follow up on one of our previous webinars about Building Performance Analysis by discussing how is related to the budgeting process.

Virtually all construction or property-related decisions should be made with costs in mind, but some people are afraid of math. We can help.

Whether you are a lawyer, insurance professional, property owner or manager, you need to be able to focus on the “vital few” issues and ignore the “trivial many.” That means knowing how much things cost; Not to the penny, but rather a reasonable approximation.

The best place to start when working to make smart economic decisions is on the big, expensive issues. You begin by chopping a project into logical parts and estimating the cost of those chunks so you can see both the big and small pictures. The earlier in the process you accomplish this, the better!

Learning Objectives

  • Why decision making about buildings needs to include performance analysis and cost analysis.

  • How to do a “Level 1” performance and cost analysis so you know the big picture early in the process.

  • Review case studies and real world examples of projects related to analysis and monetization of construction claims.

Program Outline

  1. Introduction

  2. A Sensible List

  3. Evaluating & Prioritizing

  4. Analyzing Construction Defects

  5. Budgeting Construction

  6. Roles & Responsibilities

  7. Conclusion

This program is approved for one hour of CLE for attorneys in California and Nevada, pending in Oregon, and pending for insurance adjusters registered with the California and Texas Departments of Insurance.

Window & Door Installation

Introduction

On December 8, 2016 at 10 a.m., Alex Prokop presented a FREE webinar called "Window & Door Installation". Window & Door Installation introduces principles of design, construction, and installation of window and door components. Improper installation of windows and doors is one of the leading sources of building performance failures that lead to construction defect litigation.

We will begin by explaining the basics of modern window & door installation techniques, and how variation from these fundamental principles can lead to problems and defects. Next, we will discuss different types of windows and doors, factors that can complicate their installation, the basics of how materials react together, and the damage that these reactions can cause. Finally, we will review the most applicable codes and standards related to window and door installation, performance, testing and evaluation. 

This program is important for architects, attorneys, insurance adjusters, general contractors, trade contractors and building industry professionals because many factors and players must come together to properly execute durable window and door installations.

Learning Objectives

  • Explain the basics of modern window & door installation techniques

  • Review of window & door types

  • Discussion of most commonly alleged construction defects

  • Discussion of the evolution of building codes

  • Review applicable industry and trade standards

  • Examples of how to analyze construction defects

  • Estimating costs for repairing defects

  • Allocating responsibility to applicable partners

Program Outline

  1. Introduction

  2. Window Installation

  3. Common Window Defects

  4. Door Installation

  5. Common Door Defects

  6. Codes & Standards

  7. Conclusion

This program is approved for one hour of CLE for attorneys in California, Nevada and Oregon, and insurance adjusters registered with the California and Texas Departments of Insurance.

Terminating a Construction Project Before Completion: Do's, Don'ts, Claims & Litigation

Introduction

On October 19th at 10 a.m., Mike Villalba & Pete Fowler presented a FREE webinar called "Terminating a Construction Project Before Completion: Do's, Don'ts, Claims & Litigation". Construction is expensive. The spectrum of construction professionals ranges from the pinnacle of professionalism and quality to criminal negligence. Sometimes projects must be terminated prior to their completion. The process is usually expensive and complicated. However, if you use a standard structure that takes into consideration the contract documents, construction industry standards, the construction scope, budget and schedule, then you can get to the end as quickly and inexpensively as possible. Sometimes it's not quick or cheap, but structure makes analysis as efficient as possible.

"Terminating a Construction Project Before Completion" is for everyone involved in the building or buildings business, including owners, attorneys, adjusters, property managers, real estate professionals and anyone else involved in construction or real estate. If you can understand that no matter where you are in a construction project gone bad, you're not trapped, then you can negotiate from a position of strength. We will begin by explaining the roles and responsibilities of the parties in the construction business. Next, we will explain the PFCS Construction Claim Analysis framework. Finally, we will review case studies that demonstrate how to terminate projects from the perspectives of the owners and the contractors.

Learning Objectives

  • Review the basic roles & responsibilities in construction.

  • Learn a framework for analyzing a construction claim.

  • Discuss how damages are calculated after a contract is terminated.

  • Strategize how one might salvage a construction project rather than terminate.

  • Review case studies and real world examples of projects that were terminated before completion.

Program Outline

  1. Introduction

  2. Contracting 101

  3. Construction Claim Analysis Framework

  4. RTFC

  5. Calculating Damages

  6. Salvaging a Project

  7. Conclusion

This program is approved for one hour of CLE for attorneys in California, Nevada and Oregon. This program is also approved with the California Department of Insurance.

Comments from Attendees

  • "I liked the photos and discussion of issues including the retaining wall. It was kind of a wake-up call on that homeowner with a trust who could afford to fight a GC, R.E. the poor work done, overruns and challenge/lawsuit. Great outcome, by the way!! Oh - I also like the initials RTFC lol."

  • "Very informative and useful."

  • "I enjoyed it!"

  • "Helpful, gives us ideas to use in future negotiations."

  • "Loved the case studies!"

  • "Great presentation with experienced, qualified, knowledgeable & seasoned speakers!"

  • "It was good!"

  • "Very good, especially if you are considering building a project."

  • "I thought it went well and was informative."

  • "Great program and timely for me."

  • "Good program; good subject."

  • "Always enjoy your presentations. I learn something every time!"

  • "Pete was very good and the presentation was informative."

Resources

  • For a copy of the presentation and backup materials for this program, send us an email to info@petefowler.com.

Evaluating Water Leakage of Buildings

Introduction

On September 13th, 2016 at 10:00 A.M., Alex Prokop presented a one-hour webinar called "Evaluating Water Leakage of Buildings". Evaluating Water Leakage of Buildings explains the American Society for Testing and Materials (ASTM International) “Standard Guide for Evaluating Water Leakage of Building Walls (E2128-01a)”, which describes methods for determining and evaluating causes of water leakage of exterior walls.

The objective of the seminar is to gain a “big picture” understanding of how professionals gather, analyze and use building performance data. Also, participants may learn best practices and “the scientific approach” to figuring out building performance problems to have something to contrast against, when faced with people who have drawn erroneous conclusions based on poor investigation techniques.

Learning Objectives

  • Summary of ASTM E2128-01a Standard Guide for Evaluating Water Leakage of Building Walls

  • Continue the Property Analysis Seminar Series so we can all have a “big picture” understanding of how professionals gather, analyze and use building performance data.

  • Learn best practices and “the scientific approach” to figuring out building performance problems.

  • Have something to contrast against, when you are faced with people who have drawn erroneous conclusions based on poor investigation techniques.

Program Outline

  1. Introduction

  2. ASTM E2128-01 Sections

  3. Sample Documents

  4. Maintenance and Repairs on a Limited Budget

  5. Selecting and Evaluating Expert Consultants

  6. Deep Thoughts

  7. Conclusion

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

Alex Prokop

Comments from Attendees

  • "Good program and easy to understand - practical."

  • "The seminar was well planned out- I found the review of the ASTM Standard particularly helpful and informative."

  • "I particularly liked the overview in the beginning that noted exposure at certain elevations may be an issue and then how that was developed during the presentation with the [concluding] slide that showed that indeed all siding and all windows were not the issues but through testing it was determined exposure was an issue at the second story at certain elevations. I liked the review for leak patterns, something Pl experts do not seem to do. I appreciated the detailed review of ASTM and in particular ASTM E2128 re water penetration being leakage that exceeds the drainage capacity of wall. Very good summary and explanation. This would be something I would want an expert to share with a jury - EXACTLY as it was explaining (wall is system) during the presentation."

  • "It was a good broad overview."

  • "Very informative. I liked the overview and plan."

  • "Good program, useful info."

  • "Good presentation and the speaker was very knowledgeable."

  • "This was my favorite seminar!"

Resources

Leak Investigation Involving Solar Panel Installation

The Problem

This project was a 3,900 square-foot, single-family residence in Beverly Hills, CA that was built in 1961. The Owner of the house contracted with our client for the purchase and installation of solar panels. Our client hired subcontractors to install the panels and re-roof under them. Within a month there were leaks.

The Owner’s alleged that the solar panel system was defectively installed and caused water intrusion. Their cost of repair exceeded $80,000. Our client did not believe the leaks were related to their work. The Owners alleged that the roof was sagging under the solar panels which allowed standing water to collect, that there were cracks in the cold-applied roofing cement at the flashing, and that the new area of roofing had not been properly integrated with the older section of the roof. 

PFCS conducting water testing.

PFCS conducting water testing.

Cracking around the cold cement.

Cracking around the cold cement.

The Solution

PFCS was hired by the solar panel company to investigate whether or not the leaks were caused by the installation of their panels. In addition to the leak below the new panels, there were several other leaks that were not below the client's work. PFCS conducted water testing to determine if our client was liable for any of the damages. We found that the leaks below the new panels were caused by our client's subcontractors, but we proved that the leaks in the other areas of the house were unrelated.

We composed and delivered a scope of work (repair) and cost estimate that totaled approximately $25,000 to execute the repairs related to our client's work. PFCS then composed a request for proposal (RFP) and solicited bids from local contractors, which were the same price as our estimate. Because we now had real bids, the owner and our client were able to reach a sensible settlement. The result was a significant savings to our client.

Resources

Click here for a PDF version of this case study.

Adjacent Property Disputes

Introduction

Good fences make good neighbors. Unless your neighbor built their fence on your property!

We have been dealing with these claims and litigation since the company was founded. By reviewing Adjacent Property Dispute case studies, we will apply PFCS' Construction Claims Analysis Method to disputes including property line encroachment, view obstruction, tree roots causing damage to neighboring property, and architectural control violations in community associations (HOAs). 

The program is intended for anyone in business who regularly deals with buildings and real property, particularly property and community managers, insurance professionals, and legal professionals. 

Webinar

Paul Kushner and Mike Villalba presented webinar “Adjacent Property Disputes” on Thursday, June 20, 2019.

Program Outline

  1. Introduction

  2. PFCS Construction Claims Analysis Method

  3. Comparing & Contrasting

  4. Monetizing the Claim

  5. Conclusions & Recommendations

  6. Trial Presentation

  7. Conclusion

Presenters

This program is approved for one hour of CLE for attorneys in California. Pending approval in Nevada and Oregon. This program is pending approval with the California Department of Insurance.

Document Management

Introduction

On June 21st, 2016 at 10:00 A.M., Whitney Woolf presented a one-hour webinar called "Document Management for Construction & Claims". Document Management for Construction & Claims has two focuses: a general method for staying organized with multiple documents from multiple parties. Or really, it's for anyone who has more than a 1" thick stack of papers on their desk at any given time.

If you are a consultant, property owner or manager, builder or developer, designer, construction contractor, product manufacturer, insurance or legal professional, or a member of the PFCS staff, you probably engage in some form of document organization. The business of building contains plans, contracts, memos and reports just to name a few. Another difficult wrinkle is that some of these files are paper, some are electronic and often times there's more text available to be read than hours in the day to read it. In essence, we are inundated with documents and data, and having a strategy for deriving a solution or insight from an overwhelming amount of data is essential to presenting a solution. 

This program addresses specific ways to manage information efficiently, effectively manage files, and derive meaning from a file on your desk by applying some project management principals and an understanding of the construction and claims process. Our projects require the ability to separate the 'vital few from the trivial many'; to turn data into actionable information. 

The PFCS mission, simply, is to provide solutions to our clients. To begin to do this, we must first understand the available information. Typically this is in the form of documents, images, interviews and testimony. All of this information begins to present a narrative for the project, that can be summarized and analyzed in a sentence, a paragraph or a detailed report amidst this pile of paper.

Learning Objectives

  • Introduce some methods for information organization.

  • Provide a basic flow for document management.

  • Discuss the specific applications for Document Management to Construction & Claims.

Program Outline

  1. Introduction

  2. Collect

  3. Organize

  4. Index

  5. Summarize & Understand

  6. Reference, Retrieve & Share

  7. Conclusion

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.

Whitney Woolf

Analyzing Construction Defects

Introduction

On May 26th, 2016 at 10:00 A.M., Alex Prokop presented a one-hour webinar called Analyzing Construction Defects. This program is for insurance and legal professionals who hire and manage expert witnesses and expert teams. It is also for attorneys, adjusters, property managers, real estate professionals and anyone else involved in construction or real estate; as they are likely to face a major construction or disclosure related insurance claim or litigation at some point in their careers. Indeed, many such professionals deal with construction related claims as a common occurrence in the course of their work. 

Analyzing Construction Defects is for anyone who is faced with or might have to deal with construction litigation related to physical problems or allegations of defects in buildings or construction. We will explain what a construction defect is, how the process of construction defect litigation flows, present a framework for working through the complexity of potential defects and the issue-by-issue analysis of each potential defect, and discuss appropriate investigation standards. 

Learning Objectives

  • Introduce the fascinating world of construction defect (CD) litigation and the major players.

  • Review CD case studies.

  • Discuss the difficulty of defining the term Construction Defect.

  • Explain what information should be gathered and organized to make the analysis as easy and complete as possible.

  • Introduce the PFCS Solving Building Problems Method.

  • Discuss how issues or allegations can be organized and analyzed in a systematic way, one-by-one.

  • Introduce common deliverables created during a defect analysis.

Program Outline

  1. Introduction

  2. Construction Defects Defined

  3. Construction Defect Litigation

  4. Solving Building Problems

  5. A Sensible List

  6. Analyzing Construction Defects

  7. Conclusion

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.

SB800 - CA Builders Right to Repair

Introduction

On April 14th at 10:00 A.M., Pete Fowler presented a one-hour webinar called SB800 - CA Builders Right to Repair.

Senate Bill (SB) 800, the ‘Builders Right to Repair’ bill was signed into law September 20, 2002, and took effect for every living unit sold in California after January 1, 2003. The bill specifies the rights and requirements of a homeowner to bring a construction defect action, contains building standards and functionality requirements for new residential units, and gives a detailed pre-litigation procedure.

SB 800 was developed as a compromise of various factions of the building and legal communities to address the problems of the home building industry. The text of the bill states the intent of the legislature is to improve the procedure for the administration of civil justice in construction defect cases.

Learning Objectives

  • Overview of SB800

  • Understand the basic contents of the law

  • Discuss the importance of the builder and contractors

  • Review Actionable Defects defined by SB800

  • Study the SB800 pre-litigation procedure

  • Contrast SB800 with Traditional CD Litigation

  • Review example Offer to Repair documents

Program Outline

  1. Introduction

  2. Traditional Construction Defect Litigation

  3. SB800 Summary

  4. Actionable Defects

  5. SB800 Procedure

  6. Offer to Repair

  7. Conclusion

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.

Expert Qualification, Designation & Declarations

Introduction

On March 16th, 2016 at 10:00 A.M., Pete Fowler and Paul Kushner presented a one-hour webinar called Expert Qualification, Designation & Declarations. This program is for insurance and legal professionals who hire and manage expert witnesses and expert teams. 

Having the right expert or experts on your side when it comes to litigation can make or break a case. Expert Qualification, Designation & Declarations is a one-hour overview of the process for successfully (1.) deciding what expertise you need, (2.) finding qualified experts, (3.) designating experts in litigation, (4.) working together to compose expert declarations, and (5.) navigating some of the complexities of managing a team of experts. We will discuss some of the nuances and complexity of selecting experts with significant litigation experience versus deep, specialized industry experience, but little or no experience with testimony. Experts with the right combination of knowledge, skill, experience, and the ability to communicate technical information to non-technical people, so that the audience can make informed and intelligent decisions, is a rare package. And some people you think would make a great expert just fold like a lawn chair under cross-examination, even when they are right! Throughout our program, we will be reviewing case studies and examples of awesome work. We will begin with a quick review of another PFCS seminar, Expert Witness Success, which is closely related to this material. Let us know if you'd like to review recordings of either of these programs, or if you'd like a presentation delivered in your office. 

Learning Objectives

  • Overview of expert witness success

  • Overview and discussion of expert qualifications

  • Discussion and review sample expert designations

  • Discussion and review sample expert declarations

  • Discussion of expert teams and avoiding duplicative testimony

Program Outline

  1. Introduction

  2. Expert Witness Success

  3. Qualifications

  4. Designations

  5. Declarations

  6. Expert Teams

  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.

Allocation of Responsibility of Construction Defects

Introduction

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.

Landlord-Tenant Disputes

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Introduction

Landlord-tenant disputes arise occasionally during the lease, related to building failures like leaks or floods. But more often they occur at the conclusion of a lease, related to allegations of deferred maintenance that the owner's claim are required by the terms of the lease, or "improvements" that the tenants have made during the lease term that will cause significant costs to be incurred by the owner to prepare the building for a new tenant.

A recent case study proves that PFCS is uniquely qualified to serve as expert consultants in these projects due to our experience in building performance evaluation (Inspection & Testing), Construction Management, Building Lifecycle Management, and Claims & Litigation. Every year we work on projects as widely varied as single-family residences; multi-family and mixed-use developments; commercial, institutional, and industrial construction; and low-rise, mid-rise and high-rise buildings. Since our active client list always includes Property Owners & Managers, Builders & Developers, Contractors, Product Manufacturers, Insurers and Lawyers, it's hard for anyone to make a case that our opinions are biased.

Webinar

Last webinar presented:

Date: Wednesday, May 15, 2019
Time: 10 a.m. PT
Duration: 60 minutes

Learning Objectives

Landlord-Tenant Disputes is a one-hour walk through Pete Fowler Construction Services’ (PFCS) Construction Claims Analysis Method, applied to claims resulting from landlord-tenant disputes. No two claims are the same, but our analytical method walks us through a professional investigation and analysis, similar to how the scientific method aids in discovery of the workings of our natural world and technological advancements, regardless of the specifics of the claim. 

  • Introducing a framework for conducting a professional investigation related to landlord-tenant disputes.

  • Gaining a big-picture perspective on handling landlord-tenant dispute investigations from a building expert perspective.

  • Review numerous case studies.

  • Discussion of options for report and presentation formats.

  • Looking at actual project deliverables.

Program Outline

  1. Introduction

  2. The Claim

  3. The Method

  4. Property Condition Assessment

  5. Estimate Analysis

  6. Putting it all together

  7. Conclusions

Presenters

This program is approved for one hour of CLE for attorneys in California. Pending approval in Nevada and Oregon. This program is pending approval with the California Department of Insurance.

Evaluating Water Leakage of Buildings

Introduction

On September 21, 2012 Paul Kushner and Alex Prokop presented a 1-hour webinar called Evaluating Water Leakage of Buildings.  Paul and Alex explained the American Society for Testing and Materials (ASTM International) “Standard Guide for Evaluating Water Leakage of Building Walls (E2128-01a)”, which describes methods for determining and evaluating causes of water leakage of exterior walls.

This was the seventh in our Construction Defect Seminar/Webinar Series which were presented throughout 2012. A complete list of the dates for the remainder of the series is listed on the Events page of our website. The programs are recorded and available to PFCS clients free of charge. If you are a client and would like access to this program, or if you would like to schedule a PFCS Expert to deliver a presentation live at your conference or in your office, please contact marketing@petefowler.com.

Program Outline

  1. Introduction

  2. ASTM E2128-01 Sections

  3. Sample Documents

  4. Maintenance and Repairs on a Limited Budget

  5. Selecting and Evaluating Expert Consultants

  6. Deep Thoughts and Hot Buttons

  7. Conclusion & Recommendations

Comments from Attendees

  • "I thought the webinar was excellent. Lots of great information and very well presented. The materials were clear, concise and informative. I am looking forward the next webinar in the series."

  • "The presenter was well prepared and easy to understand. Very thorough as well."

  • "It was very informative and helped direct me to certain standards for water testing and inspection I will use going forward - very helpful!"

  • "Informative. Good foundation for water intrusion issues."

  • "Great presentation. I especially appreciated the discussion of ASTM E-2128. I plan to use this standard in defending window leak claims in all my cases."

  • “Very helpful and provided information that I can use as a reference."

Click here to see previous posts about this program.

Trial Presentations

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On August 13, 2012 Pete Fowler presented a 1-hour webinar called Trial Presentations.  Pete explained the fundamentals to consider when retaining an expert witness, managing the development and delivery of opinions, reports and testimony for success.

This is the sixth in our Construction Defect Seminar/Webinar Series which will be presented throughout 2012. A complete list of the dates for the remainder of the series is listed on the Events page of our website. The programs are recorded and available to PFCS clients free of charge. If you are a client and would like access to this program, or if you would like to schedule a PFCS Expert to deliver a presentation live at your conference or in your office, please contact marketing@petefowler.com.

Comments from attendees:

  • “I am new to claims, and found the program easy to understand and very informative.”

  • “Very informative and helpful. Pete provided some interesting insights based on his own trial experience.”

  • “Program was informative and amusing.”

  • "I thought it was helpful to know the experts point of view."

  • “I always find your programs easy to follow and entertaining, with good information.”

Allocation of Responsibility for Construction Defects

On May 10, 2012 Pete Fowler presented a 1-hour webinar called Allocation of Responsibility for Construction Defects. They explained the step-by-step method for planning, creating and delivering estimates for construction defect repairs, and discussed how estimates can be summarized, analysed and compared based upon the level of detail and exactitude required.

This is the fifth in our Construction Defect Seminar/Webinar Series which will be presented throughout 2012. A complete list of the dates for the remainder of the series is listed on the Events page of our website. The programs are recorded and available to PFCS clients free of charge. If you are a client and would like access to this program, or if you would like to schedule a PFCS Expert to deliver a presentation live at your conference or in your office, please contact marketing@petefowler.com.

Comments from attendees:

  • "It was clear and concise and I was impressed by the integrity demonstrated."

  • "Very good. Some good practical advice in a format that didn't waste my time."

  • "Very informative to obtain an expert's point of view of the defects/allocations and not being charged for the consult."

  • "I thought it was very informative and timely. It helped to explain the process that goes into assigning percentages of fault to subcontractors...there is a method to the madness."

  • "I appreciated that the presenters used straight talk, and did not digress into unhelpful story-telling. The program was full of information directly on-topic. Thank you."

  • "I thought the presentation was well done and conveyed the information in a logical and well organized manner."

  • "It was informative. The visual drawings during the presentation on how to allocate costs and set up diagrams were very helpful."