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Who should attend Construction Defect Claims From The Owner's Perspective
This one-day seminar is designed for attorneys, presidents, vice presidents, project managers, engineers, architects, contractors, subcontractors, claims managers, developers, principals, property owners and managers, insurance professionals and real estate agents.
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Construction Defect Claims From The Owner's Perspective  

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This one-day seminar is designed for attorneys, presidents, vice presidents, project managers, engineers, architects, contractors, subcontractors, claims managers, developers, principals, property owners and managers, insurance professionals and real estate agents.

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Seminar Summary:

This one-day seminar provides important and valuable information that can help the attendee learn the fundamental of a construction defect claim in South Carolina with the advantage of understanding these claims from the contractors', owners' and experts' perspectives. (see full course description)

 
 

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Training Course Syllabus:


This one-day seminar provides important and valuable information that can help the attendee learn the fundamental of a construction defect claim in South Carolina with the advantage of understanding these claims from the contractors', owners' and experts' perspectives.

Seminar highlights:

  • Initial investigation
  • Development of legal theories/suit/parties
  • Insurance coverage for construction defects
  • Damages and defenses
  • Practical considerations

Learning objectives:

  • The attendee will be able to discuss break of contract and warranties.
  • The attendee will be able to identify what's covered and consequential damages.
  • The attendee will be able to review operative documents, contracts, any construction file and maintenance documents.

9:00 a.m. - 10:00 a.m.

I. Who Is The Owner?

A. Individual

B. Corporate Entity – Board

C. Condominium Regime

1. South Carolina Horizontal Property Act

2. Master Deed, By-Laws

3. Board/Developer Control

10:00 a.m. - 10:15 a.m.

Break

10:15 a.m. - 11:15 a.m.

II. Initial Investigation

A. Review Operative Documents, Contracts, Any Construction File, Maintenance Documents

B. Learn About Issues Discovered To Date Re: Defects, i.e. Water Intrusion, Roofs, Product Failures

C. Simultaneously Obtain And Discuss Expert Funding And Inspections

D. Expert Retention

1. Qualifications – Different Types

2. Experience – Costing Analysis

11:15 a.m. - 12:00 p.m.

III. Initial Practical Problems

A. Statute Of Limitations: Discovery Rule

B. Statute Of Repose – Exceptions

12:00 p.m. - 1:00 p.m.

Lunch (On Your Own)

1:00 p.m. - 2:00 p.m.

IV. Development Of Legal Theories/Suit/ Parties

A. Inclusive Nature Of All Parties Responsible

B. Typical Parties And Applicable Legal Theories

1. Developer

a. Breach Of Contract/ Warranties

b. Breach Of Fiduciary Duty (CDWR Decision)

c. Negligence

d. Habitability

e. Negligent Misrepresentation

2. General Contractor

a. Warranty Of Habitability

b. Contract

c. Negligence

d. Implied Warranty Of Service

3. Design Professionals

a. Negligence

b. Implied Warranty Of Service

4. Subcontractors

a. Negligence

b. Implied Warranty Of Service

5. Products

a. Warranties – Merchantability Fitness

b. Express Warranties

c. Negligence

d. SCUTPA

2:00 p.m. - 2:15 p.m.

Break

2:15 p.m. - 2:45 p.m.

V. ADR

A. Arbitration

1. AAA Contracts/Waiver – Recent Decisions

2. Mediation

2:45 p.m. - 3:15 p.m.

VI. Insurance Coverage For Construction Defects

A. CGL Policies

1. What's Covered? Consequential Damages

2. Standard Exclusions

3. Recent Decisions – LJ, etc.

B. Surety Bonds

3:15 p.m. - 3:30 p.m.

VII. Damages And Defenses

A. Actual Damages

1. Repair

2. Replacement

3. Loss Of Use

B. Extraordinary Damages

1. Punitive Damages – Requirements – Building Code Violations

2. Treble Damages – Attorney's Fees – SCUTPA

C. Defenses

1. Set – Off – Counterclaims

2. Mitigation

3. Depreciation/Betterment

D. Indemnity/Contribution

3:30 p.m. - 4:30 p.m.

VIII. Practical Considerations

A. Don't Take A Complicated Non-High Dollar Claim

B. Expert Quality Important

C. Regulate Discovery By Scheduling Orders

D. Time – Client Communication

E. Look For Opportunities To Simplify/Settle

F. Understand The Dynamics And Collectibility

G. Be Flexible And Look For Opportunities

H. Have Long-Term Patience

Seminar Summary:

This one-day seminar provides important and valuable information that can help the attendee learn the fundamental of a construction defect claim in South Carolina with the advantage of understanding these claims from the contractors', owners' and experts' perspectives. (see full course description)

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