JAMS ADR Insights
When Catastrophes and Construction Defect Litigation Collide
However, with the potential inclusion of a claim stemming from nature’s wrath, many experts will opine on structural deficiencies, with a focus on the element of nature’s wrath rather than the claims at issue, without the aid of destructive testing, and they will typically include them in a notice, report, defect list, or cost of repair.
Should there be a catastrophic event during the early phases of the dispute process, typically no destructive testing will have taken place to confirm the early observations and opinions of the claimant’s consultants. And without the destructive testing to support the allegations and further identify significant damage from an event, the claimant may point to the previously alleged construction deficiencies as the direct cause of the resultant damage after the catastrophic event.
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