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Construction Defect Claims: And The Walls Came Tumbling Down

Understand why defects occur, how they can be prevented and who is responsible when they happen.

Construction defects remain a constant issue for construction practitioners and their clients. Understanding the process of identifying, evaluating and managing defects in new construction and remediation projects is an essential tool for construction lawyers. This topic will help you understand the basics of construction defect claims, and the practical steps involved in assessing and dealing with construction defects for both claimants and defendants.

Runtime: 88 minutes
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Overview - Build It and the Lawyers Will Come

  • Construction Defects, Construction Defects Everywhere
  • What Is a Construction Defect?
  • What Is Not a Construction Defect?

Identification and Evaluation - Inspection and Analysis

  • Site Review
  • Destructive Testing
  • Spoliation
  • Experts

Notice and Timing - Time Isn't on Your Side

  • Notice of Claim Statutes
  • Repairs Offers and the Right to Cure
  • Limitations and Repose

Claims - Covering Your Bases

  • Theories of Liability
  • Affirmative Defenses
  • Economic Loss Rule

Insurance - Here to Help?

  • Commercial General Liability Insurance
  • Additional Insured Status

Conclusion - an Ounce of Prevention, but Don't Forget Your Aspirin

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on October 27, 2017.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Jason J. Quintero

Jason J. Quintero

Carlton Fields

  • Shareholder in the law firm of Carlton Fields, Tampa, Florida, office
  • Practices construction law focusing primarily on contract disputes, defective construction claims mold remediation; and zoning and boundary disputes
  • Board certified by The Florida Bar in construction law
  • Has extensive trial and alternative dispute resolution experience, representing a variety of clients at trial, mediation, and arbitration proceedings
  • Member of the ABA’s Real Property, Probate and Trust Law Section and the Forum on the Construction Industry
  • Member of the of the Florida, New York and New Jersey Bars, and the Florida Bar Real Property Probate and Trust Law (RPPTL) section; chair of the Florida Bar Construction Law Institute
  • Selected by Florida Super Lawyers as a Florida Rising Star in 2009-2011; Selected for inclusion in Florida Super Lawyers, construction 2013-2019; Selected for inclusion in Florida Trend’s Legal Elite (2019); Listed in The Best Lawyers in America, construction law (2016-2020)
  • Hillsborough County Bar Construction Law Committee
  • J.D. degree, cum laude, Seton Hall University School of Law; B.A. degree, University of Florida
  • Can be contacted at 813-223-7000 or [email protected]
Mark A. Smith, Esq.

Mark A. Smith, Esq.

Carey, O'Malley, Whitaker & Mueller, P. A.

  • Shareholder in the law firm of Carey, O’Malley, Whitaker, Mueller, Roberts, & Smith, P.A., Tampa, Florida
  • Practices construction law, focusing exclusively on construction litigation and construction contracting with experience in all aspects of construction litigation, including lien law, performance disputes, delay, construction defects, procurement issues and design claims
  • Trial and alternative dispute resolution experience, representing a variety owners, contractors, subcontractors, and design professionals at trial, mediation, and arbitration proceedings
  • Selected by Florida Super Lawyers as a Florida Super Lawyer; Selected to Florida Trend Legal Elite
  • Member of the Florida Bar and the Ohio Bar
  • Board certified in construction law by the Florida Bar
  • J.D. degree, cum laude, University of Michigan School of Law; B.A. degree, Yale University
  • Can be contacted at 813-250-0577 or [email protected]
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Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 400464
Published 2017
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