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2022 Summer Conference - 08/04/2022 to 08/06/2022


Schedule

Schedule (PDF)

Workshops

Presenters

Sponsors

CLE Affidavit
(Colorado)

CLE Affidavit
(Wyoming)

Qualifying Language in Repair Litigation

Construction Defect


Ryan Phillips


Nicholas Snow


Matthew Blaubaugh


Sponsored by: Vertex

General Credits - 50 minutes

How to use your experts when tackling improperly conceived repair recommendations. Increasingly, liability experts have begun using qualifying language within their reports, such as recommending repairs “where defects exist.” While this is a potentially acceptable repair recommendation, oftentimes, drawings or other means of clarifying where these defects should be assumed to exist are not provided, leaving the responsive experts with an information void and unclear direction on approaches to address these issues. This presentation will discuss how experts can facilitate attorneys with the means to address these issues from a technical standpoint and how attorneys use this information to help their clients. Topics will include: • Evaluation of intrusive testing methods (or lack thereof) • Approaches to address definitive versus speculative repair recommendations • Analyzing extrapolation based on limited observations • How to respond to vague or incomplete repair recommendations o …At locations where clearance is less than 2… o …Remove and replace as required to complete repairs… • How to address unnecessary or excessive repair recommendations • Resolving overlapping repair scopes

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