Allocation of Responsibility of Construction Defects

Introduction

The process for allocating responsibility of construction defect allegations is mostly “science,” but some critical parts include the “art” of applying professional judgment. The program outlines the mechanics of the process including:

1. Making a sensible, allocatable list of defects

2. Assigning values to each defect issue or category

3. Making a list of all the parties who might be involved and understanding what each of them did on the project and where, and

4. Assigning supportable portions of responsibility for each issue.

Allocation of Responsibility of Construction Defects is for everyone who needs to understand how the costs of construction defect allegations should be distributed to responsible parties. The program is for construction, insurance, legal and property professionals; particularly those who regularly deal with construction defect litigation.

Webinar

This program was last presented on August 25th, 2020.

Learning Objectives

• Understand the mechanics of allocating defects to responsible parties

• Understand which parts of the process are "science." That is, mostly unarguable

• Understand which parts of the process include the "art" of applying professional judgment. That is, arguable

• Review some case studies and real world examples of allocation in action

Program Outline

1. Program Introduction

2. Analyzing Construction Defects

3. A Sensible List

4. First Pass Allocation Methods

5. Applying Professional Judgment

6. Fancy Stuff

7. Conclusion

Additional Information

• This program was previously presented on 2/16/16

Comments from previous attendees:

• "It was clear and concise and I was impressed by the integrity demonstrated."

• "Very good. Some good practical advice in a format that didn't waste my time."

• "Very informative to obtain an expert's point of view of the defects/allocations and not being charged for the consult."

• "I thought it was very informative and timely. It helped to explain the process that goes into assigning percentages of fault to subcontractors...there is a method to the madness."

• "I appreciated that the presenters used straight talk, and did not digress into unhelpful story-telling. The program was full of information directly on-topic. Thank you."

• "I thought the presentation was well done and conveyed the information in a logical and well organized manner."

• "It was informative. The visual drawings during the presentation on how to allocate costs and set up diagrams were very helpful."