/
ABOUT THE CASE, CLAIM, OR ISSUE
/
Recently, Guardian Group’s expertise was called to the fore on a Texas claim directed against the balcony waterproofing subcontractor on an apartment building. On certain types of claims, chiefly delay claims and warranty work, much of Guardian’s construction defect work becomes similar to that of a forensic accountant, but a specialized one with up-to-date familiarity of real-world construction practice and costs. While the contractor and his carrier were willing to acknowledge mistakes, defects, and deficiencies, what they took issue with was the amount of money being sought.
/
ABOUT THE INVESTIGATION
/
On this particular case, much of the investigation took place off-site. Unlike on most construction defect cases, construction had already been completed, including the remediation work, as it was more important to the developer to open up the building and get it leased out. The development company had recognized there were leaks and other problems prior to completing construction and had replaced the original balcony waterproofing sub-contractor with another. Although a site visit confirmed that the repairs had been made, the bulk of Guardian’s work as the experts on the case, was to critically explore three areas: 1.) Was the remediation work performed genuinely required and at what cost? 2.) In determining delays to the opening of the building and occupancy, were the allegedly impacted work sequences material and legitimate, and, if so, what was the true cost of the delay? 3.) Was the balcony waterproofing work and its repair the only factor contributing to delay?
/
ABOUT THE RESOLUTION
/
Based upon Guardian Group’s analysis and quantification of the delay impacts, the claims were excessive; the developer was seeking far too much on both fronts. Guardian’s forensic construction expert not only identified repair methodologies that were more cost-effective and efficiently implemented but also demonstrated that even if every piece of the corrective work performed had indeed been warranted it was not the only proximate cause for the project delay. Reviewing the project timelines, additional delay items were identified that impacted the project unrelated to the balcony waterproofing. Guardian’s work supported counsel’s efforts and ultimately an agreement to settle out of court was reached for an amount that was 40% less than the original claim.
/
ABOUT GUARDIAN GROUP
/
Providing insurance carriers and their counsel rapid response and practical guidance, Guardian’s construction defect experts provide you the facts and expertise you need to prevail. Putting 30+ years’ complex construction claims experience to work, Guardian Group supports litigation and helps you resolve claims expeditiously. Operating in partnership with YOUNG & Associates, Guardian can deploy over 600 nationwide personnel based upon the technical needs of your case, claim or issue. Kindly call on Guardian Group today.