Construction Defect Defenses: Loss Mitigation, Economic Waste, Right to Repair, Betterment Doctrine
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will advise construction counsel on the most common defenses to construction defect claims brought against general contractors and subcontractors. The panel will advise counsel on reducing clients' exposure through sound management practices and careful contracting practices. The panel will discuss best practices in limiting liability and how courts are likely to assess the reasonableness of repairs and damage costs.
- Construction defect defenses
- Loss mitigation
- Notice and opportunity to cure
- Spearin doctrine
- Betterment doctrine
- Discharge by prior material breach
- Spoliation of evidence
- Lack of causation
- Fault of others
- Exculpatory provisions
- Best practices
The panel will discuss these and other relevant topics:
- How is loss mitigation handled when a defective extension is demolished and rebuilt?
- How are the Spearin and betterment doctrines applied to construction defect claims?
- What are best practices for contractors to include in contracts to mitigate the most significant risks?
Y. Lisa Colon
Saul Ewing Arnstein & Lehr
Ms. Colon advises on legal issues involving public and private construction projects and real estate development, along... | Read More
Ms. Colon advises on legal issues involving public and private construction projects and real estate development, along with government contracting compliance. Board Certified in Construction Law by the Florida Bar, she focuses on both negotiation of deals and litigation of construction-related disputes involving businesses and professionals. Owners, contractors, designers and suppliers look to Ms. Colon to draft construction contracts across various project delivery systems. In particular, she has in-depth knowledge of the American Institute of Architects (AIA) and ConsensusDocs contract forms. Her experience with claims, litigation and arbitration includes matters involving liens, defects, contract disputes and disaster recovery. Ms. Colon has significant trial experience taking cases to verdict in state and federal courts as well as arbitrations resulting in awards for clients.Close
Terence Kadlec, PE
Director of Specialty Practices
Mr. Kadlec practices as a forensic engineer and expert witness, provides mentorship and technical oversight to... | Read More
Mr. Kadlec practices as a forensic engineer and expert witness, provides mentorship and technical oversight to colleagues, regularly collaborates with industry professionals, and leads Envista’s Construction, Digital Forensics, Energy, and Marine practices. As a design professional, he performed civil and structural engineering design of residential, commercial, marine, and industrial structures, which included supervisory roles in design and technical oversight. Mr. Kadlec’s experience with construction and design defects includes evaluations in civil and structural engineering matters, specifically related to residential, commercial, industrial, marine, and mixed-use properties. Mr. Kadlec is a frequent presenter at industry seminars across the United States on the topics of forensic engineering, expert witness testimony, and construction defect claims. As a licensed Professional Engineer in 18 states, and credentialed by NCEES as a Model Law Engineer, Mr. Kadlec has provided expert witness testimony through sworn affidavits, deposition, and trial.Close
Patrick J. Perrone
Mr. Perrone concentrates his practice on construction and product defect matters. He is an experienced trial attorney... | Read More
Mr. Perrone concentrates his practice on construction and product defect matters. He is an experienced trial attorney who has handled hundreds of cases involving consumer/building products and construction defects. Mr. Perrone is also an experienced class action attorney and has defended a variety of consumer/building products class action suits.Close