"New York City Real Estate Ligitation Lawyers"
Brochure More information from http://www.researchandmarkets.com/reports/447958/ Construction Defects: Litigation and Claims Description: Construction Defects: Litigation and Claims explains how to investigate, prosecute, or defend cases that address construction defects-one of the most active areas of litigation in the United States. The dollars involved in construction defect litigation have grown exponentially. If a problem exists in a multiple unit condominium association or a housing tract, minor repairs of the defects multiply over the various units to millions of dollars. In addition, the complexity of a construction defect suit usually results in hundreds of hours of work for lawyers and awards are often extremely large. Construction Defects: Litigation and Claims addresses a wide audience about an escalating-and expensive-problem. This manual will prove useful for owners of defective or damaged real property in their quest to obtain and use the insurance protection for which they paid; for reputable builders, contractors, subcontractors, and other professionals who work in the construction industry; for insurance professionals handling claims; for attorneys representing a defendant or plaintiff in a construction defect suit; and for the uninsured or underinsured in evaluating the facts and determining whether counsel is required to protect their rights. Part I discusses the construction contract, plans and specifications, and defects. Part II examines property insurance and insurance policies. Part III offers guidance on alternative dispute resolution, litigation, and indemnity. The Guide includes checklists that step you through an analysis of construction defects, the process of purchasing and later invoking construction defect insurance, and the prosecuting or defending of a construction defect case. It also provides helpful sample forms to assist in the identification of defects and numerous case studies to illustrate the state of litigation. To ensure that the publication is current, quarterly updates are included. Contents: PART I THE BUILDING I-1 The Structure A. Building Codes 1. History 2. Organizations 3. International Building Code B. Basic Construction 1. Footings 2. Foundations 3. Frame Construction 4. Exterior Wall Finishes 5. Roofing 6. Sheet Metal 7. Mechanical 8. Insulation 9. Windows and Glass 10. Millwork 11. Interior Floor Finishes 12. Interior Ceiling and Wall Finishes 13. Painting and Wallpaper 14. Miscellaneous Exterior Items C. Construction Experts 1. The Construction Consultant 2. Structural Engineer 3. The Geotechnical Engineer 4. Forensic Roofing Consultant 5. Building Code Compliance Expert 6. The Architect Checklist I-2 The Construction Contract A. Contract Documents 1. The American Institute of Architects 2. Alternative Sources for Contract Documents B. Content of the Contract 1. Basic Requirements 2. Additional Provisions 3. Rules of Contract Interpretation 4. Enforcement of Contract Terms C. Conclusion Checklist Appendix I-3 Plans and Specifications A. Plans 1. Site Plans 2. Symbols 3. Floor Plan B. Specifications C. Project Management 1. Schematic Design Phase 2. Design Development Phase 3. Construction Document Phase 4. Bidding Phase 5. Construction Phase Checklist I-4 The Property Inspection A. Real Estate Inspection Standards 1. Legislative Requirements 2. Standards of Practice and Code of Ethics 3. Licensing 4. Liability B. Exterior Inspection Components 1. The Foundation 2. Under-Floor Areas 3. Drainage 4. Parking Area 5. Water Protection Components 6. Doors and Windows 7. Decks and Patios 8. Roof Condition 9. Fuel Energy and Efficiency 10. Optional Inspections 11. Limitations C. Interior Inspection Components 1. Attic Areas and Framing 2. Plumbing 3. Electrical Systems 4. Heating Systems 5. Central Cooling Systems 6. Fireplaces and Chimneys 7. Walls, Ceilings and Floors 8. Optional Inspections 9. Limitations D. The Inspection Report Checklist I-5 The Defects A. Water Intrusion 1. Causes 2. Health Risks B. Structural Failure 1. Improper Site Preparation 2. Concrete Cracks 3. Inadequate Foundations 4. Defective Shear Walls 5. Defective Below-Grade Walls 6. Defective Hold Downs C. Defective Design 1. Weather Related Defects 2. Drainage Defects 3. Electrical Defects 4. Landscaping Defects 5. Insufficient Fire Protection 6. Noise Intrusion Checklist PART II INSURANCE II-1 Understanding Insurance and Underwriting A. Understanding Insurance and Insurance Claims Handling 1. Property Insurance 2. The Contract of Personal Indemnity 3. Liability Insurance 4. Differences Between Property and Liability Policies 5. Rules of Contract Interpretation 6. Investigation Required 7. Payment Limited to Indemnity B. Underwriting 1. How an Insurer Decides to Insure or Not Insure Checklist II-2 Construction Defect Policies A. Insurance Policies 1. History of the CGL Policy 2. Understanding the CGL 3. The Additional Insured Endorsements 4. Coverage When There is No Suit 5. Need for Property To Be Damaged B. Property Insurance 1. Conditions 2. Warranties 3. Coinsurance and Deductibles 4. Exclusions C. Legislation 1. California’s Creation of a Homeowners’ Bill of Rights 2. Enforcement of Homeowners Bill of Rights Statutes D. Performance and Payment Bond Claims 1. Good Faith 2. Duties to Obligee 3. The Surety’s Investigation of Claims 4. Allocation of Debt 5. Extra Contractual Claims 6. Tort of Bad Faith 7. States That Do Not Recognize Independent Bad Faith 8. Subrogation 9. Takeover Issues—The Surety’s View Checklist Appendix II-3 Liability Insurance A. How To Buy Liability Insurance 1. Introduction 2. What Is Liability Insurance? 3. Tips On Purchasing CGL Insurance 4. Issuing Insurance without Authority 5. Common Questions On Construction Insurance 6. Duties of the Insurance Agent or Broker to the Insured 7. A New Source For Victims of Fraudulent Insurance Applications B. Duties of the Insured and Insurer 1. The Implied Covenant of Good Faith and Fair Dealing 2. Property 3. Liability C. Other Insurance Clauses 1. Introduction 2. Types of “Other Insurance” Clauses 3. Resolution of Conflicts Involving “Other Insurance” Clauses 4. Conflicting “Other Insurance” Clauses In Secondary or Excess Policies 5. Formulae for Apportioning Losses Between Co-Insuring Policies 6. Allocating the Duty to Defend Between Co-Insurers 7. Subrogation 8. Right to Intervene Checklist Appendices II-4 Bad Faith A. Common Law Bad Faith 1. Introduction 2. Development of the Tort of Bad Faith 3. Adoption of the Tort of Bad Faith in First Party Cases 4. Arguments Against the Adoption of the Tort of Bad Faith in First Party Cases 5. Courts That Do Not Accept the Tort of Bad Faith 6. Duties of the Insurer 7. Grounds for Finding Bad Faith 8. Avoiding Charges of Bad Faith 9. Punitive Damages 10. Statutory Bad Faith 11. The Duty of the Insured 12. Suspending the Duty of Good Faith 13. Abuses of the Tort of Bad Faith B. Third Party Bad Faith 1. Avoiding Charges of Bad Faith C. Survey of Bad Faith by State 1. United States of America 2. Alabama 3. Alaska 4. Arizona 5. Arkansas 6. California 7. Colorado 8. Connecticut 9. Delaware 10. Florida 11. Georgia 12. Hawaii 13. Iowa 14. Idaho 15. Illinois 16. Indiana 17. Kansas 18. Kentucky 19. Louisiana 20. Maine 21. Maryland 22. Massachusetts 23. Michigan 24. Minnesota 25. Mississippi 26. Missouri 27. Montana 28. Nebraska 29. Nevada 30. New Hampshire 31. New Jersey 32. New Mexico 33. New York 34. North Carolina 35. North Dakota 36. Ohio 37. Oklahoma 38. Oregon 39. Pennsylvania 40. Rhode Island 41. South Carolina 42. South Dakota 43. Tennessee 44. Texas 45. Utah 46. Vermont 47. Virginia 48. Washington 49. West Virginia 50. Wisconsin 51. Wyoming 52. Federal Circuits Checklist Appendices PART III LITIGATION III-1 The Construction Defect Suit A. Avoiding Litigation 1. Existing Structures 2. New Structures B. Using Insurance Contracts 1. Limiting Liability 2. Contractual Indemnity C. The Parties 1. The Plaintiff 2. The Defendant D. The Complaint 1. Pleading Causes of Action 2. Causes of Action 3. Strict Liability in Tort 4. Election of Remedies E. Litigation Between General Contractor and Subcontractor 1. Breach of Contract 2. Indemnity Provisions 3. The Certificate of Insurance F. Litigation with Design Professionals Checklist Appendix III-2 Tort Defenses A. Economic Loss Doctrine B. Negligence 1. Contributory Negligence 2. Last Clear Chance 3. Assumption of the Risk 4. Intervening or Superceding Negligence 5. Comparative Negligence C. Strict Liability 1. Comparative Fault in Strict Liability Cases 2. Doctrine of Avoidable Consequences 3. Joint and Several Liability D. Statutes of Limitation E. Statutes of Repose F. Construction Defect Cases from Canada Checklist III-3 The Trial A. Preparing a Case for Trial 1. Counsel 2. Investigation B. Proceeding to Trial 1. Discovery 2. Trial Preparation Checklists III-4 Evaluation and Settlement A. Damage to Property 1. Structure Losses 2. Contents Losses 3. General Release of All Claims 4. Attorneys’ Fees B. Injuries to Persons 1. Damages 2. Liability 3. Considerations for Early Settlement 4. Settlement Negotiations 5. When a Claim Should Not Be Settled 6. Dispute or Denial of a Claim Checklist Appendix III-5 Alternative Dispute Resolution A. Mediation 1. What is Mediation? 2. Who Should Attend Mediation? 3. Selecting the Mediator 4. The Structure of a Mediation 5. Role of the Attorney 6. When the Mediator Should Withdraw 7. When Mediation Should Not Take Place 8. The Mediation Process B. Arbitration 1. What is Construction Industry Arbitration? 2. Selecting the Arbitrator 3. The Structure of an Arbitration 4. Role of the Attorney 5. Communications with the Arbitrator 6. Scope of Arbitration 7. When the Arbitrator Should Withdraw 8. The Award C. Right to Repair Statutes in Construction Defect Claims 1. Single Family Residence Defects 2. Condominium Associates 3. Notice Requirements and Right to Repair D. Using Judicial Reference Checklist Appendix Ordering: Order Online - http://www.researchandmarkets.com/reports/447958/ Order by Fax - using the form below Order by Post - print the order form below and sent to Research and Markets, Guinness Centre, Taylors Lane, Dublin 8, Ireland. Page 1 of 2 Fax Order Form To place an order via fax simply print this form, fill in the information below and fax the completed form to 646-607- 1907 (from USA) or +353-1-481-1716 (from Rest of World). If you have any questions please visit http://www.researchandmarkets.com/contact/ Order Information Please verify that the product information is correct. Product Name: Construction Defects: Litigation and Claims Web Address: http://www.researchandmarkets.com/reports/447958/ Office Code: OC8HNIRTMMUOY Product Format Please select the product format and quantity you require: Quantity Hard Copy: EURO €599.00 + Euro €50.00 Shipping/Handling * Shipping/Handling is only charged once per order. Contact Information Please enter all the information below in BLOCK CAPITALS Title: Mr Mrs Dr Miss Ms Prof First Name: Last Name: Email Address: * Job Title: Organisation: Address: City: Postal / Zip Code: Country: Phone Number: Fax Number: * Please refrain from using free email accounts when ordering (e.g. Yahoo, Hotmail, AOL) Page 2 of 2 Payment Information Please indicate the payment method you would like to use by selecting the appropriate box. Pay by credit card: American Express Diners Club Master Card Visa Cardholder's Name Cardholder's Signature Expiry Date Card Number CVV Number Issue Date (for Diners Club only) Pay by check: Please post the check, accompanied by this form, to: Research and Markets, Guinness Center, Taylors Lane, Dublin 8, Ireland. Please transfer funds to: Pay by wire transfer: Account number 833 130 83 Sort code 98-53-30 Swift code ULSBIE2D IBAN number IE78ULSB98533083313083 Bank Address Ulster Bank, 27-35 Main Street, Blackrock, Co. Dublin, Ireland. If you have a Marketing Code please enter it below: Marketing Code: Please note that by ordering from Research and Markets you are agreeing to our Terms and Conditions at http://www.researchandmarkets.com/info/terms.asp Please fax this form to: (646) 607-1907 or (646) 964-6609 - From USA +353 1 481 1716 or +353 1 653 1571 - From Rest of World