May 30: Onsite Investigation of Construction Defect Claims

The design and construction of buildings is where ambition meets execution, and where dreams take shape in concrete and steel. For some structures, however, flaws lurk in the shadows either waiting to be discovered or, worse, to surface unexpectedly. When these construction defects lead to insurance claims or legal disputes, building experts are called upon to thoroughly investigate and analyze the as-built condition. 

Our panel of building experts will explore the onsite investigation process for construction defects, providing relevant insights on the inspection of the property and the analysis of the findings. More confidently navigate insurance claims and legal disputes involving construction defects through a better understanding of the significance of thorough documentation, including visual inspections and recording the as-built assembly, ensuring you have the evidence needed to support your case effectively.

Whether you're seeking to bolster your expertise in handling insurance claims or fortify your legal strategies in construction defect cases, this webinar equips you with the tools and knowledge needed to navigate the complexities of the field with confidence. By understanding the nuances of onsite investigations and the significance of thorough documentation, you'll be better prepared to advocate for your clients and achieve favorable outcomes in disputes involving construction defects.
Title:
Onsite Investigation of Construction Defect Claims
Date+Time Of Webinar:

Thursday, May 30, 2024
1:00 PM Eastern Daylight Time
Register Now!

Credits:

CE and CLE credit will be granted pending approvals in the following states: California, Florida, Nevada, Texas; You may be able to self-apply in other states.

Speakers:

• Paul V. Kushner, A.I.A. is a licensed architect and a Certified Construction Contract Administrator from the Construction Specifications Institute. Paul graduated from the University of California, Berkeley with a Bachelor of Arts in Architecture, and has since spent decades working in construction, architectural services, construction defect litigation, and in the property and injury claim industry on thousands of projects. Paul has experience in the design, development and production of construction documents, as well as with construction administration, construction observation, code compliance, technical consultant coordination, property inspection and testing, and with construction claims and litigation. Mr. Kushner also has a long history in building performance analysis, including analyzing damage, performing testing, specifying and overseeing repairs, and testifying at numerous depositions, arbitrations, and trials on a variety of building design, construction, and maintenance issues.
• With 10 years of construction management experience, Geoffrey Godshalk is well-versed in estimates, planning, scheduling and daily operations, as well as working in high-pressure situations. These skills along with Geoff's time spent working as a project manager in residential construction make him a reliable building consultant Pete Fowler Construction is proud to have on our team.

By:

Pete Fowler Construction Consultants: https://www.petefowler.com/

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June 27: Defining Standards of Care in Construction Litigation

In much of the work our consultants are named as expert witnesses in litigation as “standard of care experts.” We render opinions about various parties and whether they performed above or below “the standard of care.” 

In a "conversation" with ChatGPT-4 we asked "Explain the meaning of 'Standard of Care' more simply, in approximately 100 words" and the response was: 

"The 'standard of care' is the behavior expected of a reasonable person in a particular situation. In legal terms, it's the level of attention, caution, and prudence someone should have to avoid harming others. For professionals like doctors or lawyers, it's higher due to their specialized knowledge. If they don't meet their standard and someone is harmed, they may be legally responsible. For example, a doctor would need to provide the same quality of care that any other competent doctor would provide in the same situation. If they don't, and a patient is harmed, they could be sued for malpractice."

That sounds reasonable. Now for the hard part: 

Apply this "standard" to virtually any party in any building project in cases as diverse as construction defect litigation, property & injury (general liability) claims, contract or scheduling claims, fire claims, and myriad whacky claims we never would have imagined. In this program we will talk with building, insurance, and legal experts about how this works.

 Title:

Defining Standards of Care in Construction Litigation

Date+Time Of Webinar:

Thursday, June 27, 2024
1:00 PM Eastern Daylight Time
Register Now!

Credits:

1 Credit in California, Florida, Nevada and Texas You may be able to self-apply in other states.

Speakers:

• With an extensive background in construction and engineering, Dan Bick has spent the last 15 years managing large scale construction firms and community associations in Southern California. He has performed, managed and supervised some of the most complex projects that homeowners associations may experience. Through the knowledge and experience gained as a General Contractor and Community Manager, Dan was able to identify a few systemic voids in our industry. His mission is to educate, perform and provide. He firmly believes in helping his clients understand the complexities associated with community wide projects.
• A licensed general contractor in the state of California, Elgin Hakala, Technical Manager, Pete Fowler Construction , has years of experience in contracting, remodeling, project management, landscaping, and team leadership. He has worked hands-on with electrical, plumbing, carpentry, drywall, concrete, paint, windows, doors, and insulation, with proficiency in engineering & architectural plans. Elgin is constantly working to better his expertise, with his latest accomplishments including mastery of the Matterport 3D Modeling Software and Green Belt Certification through Lean Six Sigma. The years Elgin spent honing his craft executing full spectrum home remodels while leading and supervising a team of subcontractors are used to serve clients who are property owners and managers, developers and contractors, product manufacturers and suppliers, insurers, and lawyers here at Pete Fowler Construction. With the communication skills required to maintain positive relationships with project board members, clients, and construction teams, Elgin Hakala is a valuable addition to any project he gets his hands on.
• In his 25+ year career litigating, Mark Collinsworth, Named Partner, Collinsworth, Specht, Calkins & Giampaoli, LLP  has focused on defending builders, contractors, and material suppliers in complex litigation matters, personal injury and wrongful death cases, products liability cases and contract disputes. With his extensive experience representing various sized businesses, Mr. Collinsworth’s practice now includes assisting with business strategy advice, human relations issues, risk management, and succession planning. Mr. Collinsworth represents national residential homebuilders, large commercial general contractors, commercial design-build contractors, product manufacturers, and property owners across California and Arizona. He has taken several matters through bench trials, jury trials and binding arbitrations. Mr. Collinsworth recently completed a multi-day remote arbitration involving a 160-unit condominium complex. Mr. Collinsworth provides seminars to businesses and insurers, including past presentations involving California’s Builders “Right to Repair Act” (SB 800), claims handling practices, contract interpretation, creative resolutions for construction defect claims, and the recent trend of rising jury verdicts and how to prevent them. He has been a presenter with the San Diego County Bar Association, the West Coast Casualty Construction Defect Seminar, and CLM’s Construction Law Seminar. Mr. Collinsworth has been recognized as a San Diego Top Lawyer for the past nine years.

By:

Pete Fowler Construction Services: https://www.petefowler.com/

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