Analyzing & Monetizing Construction Defect Claims

Virtually all construction or property related decisions should be made with costs in mind. But some people are afraid of math.

Regardless of whether you’re an attorney, insurance professional, property owner, or manager, you need to be able to focus on the “vital few” issues, and virtually ignore the “trivial many.” This 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 the forest AND the trees. The earlier in the process you do this, the better.

Magna Legal Services hosted a webinar on January 27, 2021 (recording below), which featured expert panelists explaining the framework behind analyzing and monetizing construction defect claims.

“There’s a lot of parties involved [in a construction defect case]. You have to understand the structure and you have to speak the language… whether it’s the folks on the ground or in the board room, you have to be able to do both,” said Paul Danner of Goldberg Segalla.

Aileen Schwartz of Hill International, Inc. says she makes sure to bring in experts early on to prevent dragging out litigation. “I’ve had cases that were brought in and there were no damages against us. If there are no damages, there is no case”, she said.

If the case ends up going forward, it’s important that it is not a jury trial, Aileen noted, saying “nobody on a jury wants to listen to your construction defect claim. They’re falling asleep. You really need a judge who knows what you’re talking about to hear the cases.”

Every party wants to get the case settled sooner to avoid costly and timely litigation. Magna’s Scott Horwtiz said “Magna’s jury consultants are getting involved more and more on the early side of things to test theories and test themes to see if a small amount of money up front could take care of all of this”.

When preparing your case, organization is key. Pete Fowler explained the importance of starting with “a discreet list of issues — whether its one issue, or hundreds of issues.” In conjunction with the list of issues, Fowler utilizes “a sensible list of costs associated with each issue, and a sensible list of all the people who might be involved with each of those issues.” “It gets to be this big horrible matrix,” he added.

Watch the full webinar recording below to hear our expert panel break down these complex cases.

This webinar originally aired live on 1.27.2021

Webinar details:

Panelists:
Pete Fowler, Founder, Pete Fowler Construction
Scott Horwitz, Esq., National Director of Graphics Consulting & Trial Presentation, Magna Legal Services
Aileen R. Schwartz, Senior VP, Sr. Corporate Counsel US & Privacy Officer, Hill International, Inc.

Moderated by:
Paul S. Danner, Esq., Partner, Goldberg Segalla

Presented by:
Peter Hecht, Partner & Executive Vice President of Sales, Magna Legal Services

Learn more about utilizing trial graphics & tutorials for complex cases here.

Click here to view a list of more upcoming webinars & conferences.

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