Construction Defects: Litigation and Claims is designed to help property owners, developers, builders, contractors, subcontractors, insurers, lenders, and their risk managers and lawyers avoid or resolve claims associated with construction defect issues. This guide covers identification of construction defects and explains how to insure, investigate, prosecute, and defend litigation that results from construction defect claims.
This Guide is used by risk managers of design, construction, building engineering and geotechnical firms, development companies, architectural firms, property owners, contractors and subcontractors, material vendors and their insurance companies and lawyers. Managers of real estate companies also value this resource.
Benefits
- Leads the reader through the claim process from the perspectives of both insured and insurer, discussing the investigative process in detail
- Provides comprehensive information including:
- The construction process
- Risks that must be managed
- How to acquire and understand construction insurance
- How insurers decide to insure or not insure
- Reporting and presentation of a claim from initial report to final resolution, proof of loss, payment, or litigation
- Confronting losses caused by construction defects
- Basic statutory and case law for construction defects and related insurance issues
- Underwriting against construction defect claims and the litigation of construction defect claims
- Alternative dispute resolution of construction defect claims
- Incorporates numerous citations to relevant statutory, regulatory, and judicial sources
Topic Areas
- Alternative dispute resolution
- Bad faith
- Construction contract
- Construction defect policies
- Construction defect suit
- Defects
- Evaluation and settlement
| - Insurance and underwriting
- Liability insurance
- Plans and specifications
- Property inspection
- Structure
- Tort defenses
- Trial
|
Features
| Comprehensive Coverage | Covers both federal and state law, and cross-references state law and cases |
| Supplementary Materials | Provides dos-and-don’ts checklists, sample forms, and more |