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Cumulative Impact Claims

 

Learn about cumulative impact claims and how to present them or defend against them.

Cumulative impact claims may be one of the more common occurrences on projects with multiple changes over the course of the project. However, cumulative impact claims may be one of the most difficult claims to present and prove at trial or in arbitration. Evidentiary issues, logistics of proving what the cumulative impact was and proving damages can prove to be very difficult. Defenses to cumulative impact claims can also render a claim meaningless without ever getting to the merits. This material will explore the nature and history of cumulative impact claims, how best to present them and how to prove damages for such claims. Common defenses to cumulative impact claims will also be discussed. Finally, a case study of one of the few cases outside of the federal arena will be presented to give you an idea of the challenges one faces when pursuing or defending against such claims.

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Cumulative Impact Claims

Agenda

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Cumulative Impact Claims

Faculty

Peter D. Welin

Peter D. Welin

McDonald Hopkins LLC

  • Partner with McDonald Hopkins LLC
  • Co-chair of the firm's construction practice group
  • More than 30 years of experience litigating, arbitrating, mediating and defending construction claims in both state and federal courts
  • Involved in a case study where cumulative impact was the issue in front of the court
  • Represented contractors, owners and design professionals on projects involving multimillion-dollar claims, including bridge projects, commercial high rise buildings, state building construction projects, highway projects and tunnel projects
  • Has been a dispute resolution board member for one of the largest highway projects in the state of Ohio
  • Co-author of Ohio Construction Law Manual
  • Can be contacted at 614-484-0701or [email protected]
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Cumulative Impact Claims

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