Construction Defect Claims

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Construction defect litigation constitutes one of the most volume-intensive and costly defense practice areas. Legislative efforts, particularly in California, to decrease the scope and quantity of these suits have been largely ineffective. This litigation has had a chilling effect on new construction. Contractors are finding it increasingly difficult to procure insurance coverage since many carriers have fled the State in fear of high litigation costs, high settlements and verdicts. There is a sense among members of the construction and insurance communities that there is a need to raise the quality and efficacy of legal representation in this arena. The same holds true in the burgeoning field of toxic mold litigation.

Construction Defect Claims At Hosp, Gilbert & Bergsten, we believe that it is our obligation be part of the solution to our clients’ litigation concerns in these areas. We seek to aggressively defend our clients against frivolous or overstated claims and to develop creative approaches to construction disputes to promote quicker, cost effective resolution.

The inefficiencies of construction litigation, whether managed by the courts, Special Masters or mediators, are well recognized. Pursuit of alternative dispute resolution (ADR) is mandated by many jurisdictions. We believe it is our responsibility to “raise the bar” of professional conduct and ensure that we participate meaningfully in any ADR process. ADR is not always successful, but, by having put forth our best effort to resolve cases short of trial, we can approach trial knowing that it was unavoidable and in the client’s best interest and not the result of our failure to participate fully and professionally.

Our construction defect and toxic mold litigation practice group has represented materials manufacturers, subcontractors, general contractors and developers in hundreds of residential and commercial projects. All of the group members have had vast experience with all forms of ADR, establishing excellent reputations with mediators, Special Masters and judges throughout the State.

We have the personnel, experience and technology available to us to take on any case of any size in any jurisdiction. More importantly, we pride ourselves on providing the highest level of professional service and efficiency in the handling of construction defect and toxic mold litigation on our clients’ behalf.

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