Anatomy of a Construction Defect Lawsuit

The field of construction defect litigation is constantly evolving as new perspectives on liability emerge and change the landscape for owners, general contractors, and design professionals. This course, presented by Ellen Greiper and Theodore Ucinski of Goldberg Segalla, LLP's General Defense Practice Group and Diana Gerstenberger of AXIS, provides an overview of construction defect litigation, including updates on new trends and laws from experienced lawyers and claims professionals in the field.

The program will describe the elements of a construction defect lawsuit by expounding upon the definition of a defect, determining who your client is and how to protect them, the various causes of actions, appropriate defenses, and recoverable damages. The course also provides key terms to be aware of as you navigate the contractual aspect of construction defect disputes.  In addition, it will cover the insurance aspects of a construction defect claim - with considerations from a claims professional's point of view.

In examining the framework of construction defect litigation from various professional groups, the presenters will also offer advice on how to navigate the complex field of construction defect disputes from litigation to mediation.

Learning Objectives:

1. Grasp what makes construction defect litigation different than other areas of litigation and the common elements in these causes of action
2. Identify your client in order to asses the particular considerations that are applicable
3. Analyze the various causes of action that can be brought against your client
4. Assess the applicable defenses and damages that may ensue
5. Provide practical guidance to determine the right time to litigate and mediate
6. Discuss the insurance aspects of construction defect disputes with insight from a claims professional