Brian L. Hill – August 6, 2012
As I mentioned in my last newsletter, I attended LiMa Solutions’ VE-ADR 2012 conference in Key West, FL. This week, I am publishing the first in a series of posts with key take-away from the event. The first article is VE-ADR 2012: Emerging Strategies for Successful Construction Defect Plaintiff Lawyers.
In the article, I discuss some tips for counsel representing owners for resolving construction defect cases faster and more economically. Here are some of the highlights:
Have an Open Mind – To improve the outcome of your cases, you may need to try new tactics. It also helps if you focus on resolution, as opposed to conflict.
Your Client Matters – How the defense responds to your claim depends on who you’re representing. Defense counsel and carrier representatives would much rather work one-on-one with you and an individual client, than respond to a large group of faceless homeowners.
Use the Right Expert – Experts need to be impartial, but they also need to be reasonable and rational (it doesn’t help if they are perceived as insane). Resolving construction defect claims becomes less likely when your expert is calling for $180,000 of repairs to a home that is worth $150,000 without sufficient evidence to support it.
Consider a Neutral Approach – By using a team of neutral experts, costs to settle a case could be reduced by 40% and trial costs could be reduced by 300%, according to Ed Martinet.
Understand Coverage – Without insurance coverage for the claims you have made, getting paid becomes difficult. Mark Bourassa (plaintiff attorney from Nevada) recommends that plaintiff counsel consult with experienced insurance coverage attorneys.
Be Creative With Your Presentation and Your Fees – Perception is everything, so how you present your case matters. Also, by exploring alternative fee arrangements, you may be able to increase your revenue, reduce your costs, and expedite resolution.
Please read the full article for more insight.
via Tips for Construction Defect Plaintiff Attorneys, and more… | The A/E/C Brief.