Construction Defect Damages Claims

Proving or Defending Damages For Latent and Patent Defects

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Tuesday, November 15, 2011

Recorded event now available

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Course Materials

This CLE course will provide guidance to construction counsel on effective approaches for proving or defending against claims for construction defect damages. The panel will also outline best practices to minimize liability for construction defects during contract negotiations.

Description

Construction defect damages claims are common in the building industry. Disputes often center on when the defect was discovered, whether it stemmed from the building design or physical construction, who is impacted by the defect, and how much damage has occurred.

Most states have a statute of limitations in place to impose reasonable limits on the potential liability of builders, developers, contractors and architects for construction defects. The point at which the statute of limitations begins to run depends on whether the defect is patent or latent.

Construction counsel proving or arguing against damages in construction defect cases must be armed with effective approaches to achieve the best outcome for their client, including leveraging clauses in the construction contract to strengthen their clients’ positions.

Listen as our panel of construction law attorneys discusses best practices for proving and defending against damages arising from construction defects. The panel will also discuss proactive steps counsel can take during contract negotiations to limit liability.

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Outline

  1. Proving or defending damages
    1. Latent defects versus patent defects
    2. Construction defects versus design defects
    3. Statute of limitations issues
    4. Injuries to a third party
    5. Determining damages
      1. Cost of repair
      2. Diminution in property value
      3. Consequential damages
      4. Attorneys fees
  2. Minimizing liability during contract negotiations
    1. Mandatory notice and default provisions
    2. Inspection procedures
    3. Other contract provisions

Benefits

The panel will review these and other key questions:

  • What factors are taken into account when determining whether a defect was latent or patent?
  • What are some common methods of calculating damages for construction defects?
  • How can well-crafted construction contracts be used to assert or defend against construction defect damages claims?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Daniel G. Rosenberg
Daniel G. Rosenberg
Partner
K&L Gates

He concentrates his practice in complex commercial litigation, with an emphasis on construction and insurance coverage...  |  Read More

James K. (Keith) Ramsey
James K. (Keith) Ramsey
Holland & Knight

He practices in the area of construction litigation and is Board Certified in Construction Law by the Florida Bar. He...  |  Read More

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