Construction defect claims can be complex and expensive to resolve. Architects, engineers, and other experts often disagree on the scope of the damage and the methods and materials best suited to resolve the problem. Insurance companies frequently raise coverage issues and exclusions that delay the claim until these legal issues can be sorted out in court.
An experienced mediator can help the parties overcome these issues and reach a negotiated solution to a difficult claim, saving both parties time and costs.
Robert has mediated numerous construction defect claims, including:
▪ A homeowner’s claim that the home contained so many defects that the only resolution was to demolish the house and rebuild it again. The plaintiffs brought suit against the designer and two contractors who, in turn, filed third-party suits against the foundation contractor, HVAC company, framing contractor, plumber, tile installer, and others. The insurance companies for both contractors raised coverage defenses to the claims.
▪ A homeowner’s claim that a coastal home was negligently constructed to allow water to intrude and undermine the slab, making the home uninhabitable.
▪ The owner of a commercial building that claimed the glass façade was inadequately sealed and allowed water to intrude and damage multiple floors.
▪ A homeowner’s collapse claim that the building contractor failed to de-muck the site prior to construction, rendering the home uninhabitable
▪ A homeowner’s claim against a roofing contractor for inadequate installation of the roof resulting in collapse
▪ A business owner’s claim that condensation in the subfloor caused the flooring to delaminate and required replacement. The insurance company denied the claim, relying on multiple coverage exclusions in the policy.