When negotiations break down and litigation starts, I support Attorneys by exploring the physical, contractual and regulatory details. My analysis helps the client see the strengths and weaknesses of their complaint. If a dispute goes to trial, the outcome is a gamble for both sides. Kenny Roger's lyric in "The Gambler" sums up the artistry of dispute resolution: "You've got to know when to hold 'em, know when to fold 'em, know when to walk away, know when to run."
Decades of hands-on construction experience helps me spot physical errors. As a general contractor I collected fees and also defended against claims. When I Chaired a Municipal Planning Commision for seven years, I enforced regulatory ordinances. Thus, I have been on both the Paintiff's and the Defendant's side of the table. I have been an expert witness in Pennsylvania Commonwealth Court.
Additionally, I organized the evidentiary basis for"Pevar vs Evans Products," a Federal Contract precedent case that is taught in many law school text books.
These Reports show the attention to detail is necessary for success in all aspects of construction.
DEFECTS AFTER SETTLEMENT
After Settlement, a Buyer started noticing defects both inside and outside their new house. The Builder fixed some things, and more issues showed up after the 1-year warranty expired. The Builder did not make good. The Buyer hired an attorney who retained me to look it over and report my findings. I found that most of the complaints had merit. My report details the flaws and the costs to fix them. Unlike a Home Inspector, as an independent consultant I am allowed to provide estimates to fix or finish faulty or incomplete work.
DEFECTIVE MATERIAL AND WORKMANSHIP
Water started leaking around windows and through siding a few years after an addition was finished. My job was to find the cause and to recommend how to stop the water. The cause of the leaking was a combination of defective material and workmanship.
NOT BUILT PER PLANS & SPECS
A Builder demanded final payment for a commercial building, but the Owner was uncomfortable because it seemed that there were a lot of things that were not right. This Report is based on reviewing the several-inch thick Contract and specifications, the 30+ contract drawings, and inspecting the building from basement to roof, and all sitework. Based on my findings, the Owner negotiated a settlement with the Buildier that reduced the amount due proportionate to the work that needed to be corrected or completed. The amicable settlement saved the time and cost of litigation.