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2023 Annual Conference - Steamboat Springs CO. July 23-25 - 07/23/2023 to 07/25/2023


Schedule (PDF)





CLE Affidavit

CLE Affidavit

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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