Construction Defect HOA Seminar Series
The next wave of CD litigation is swelling and it will be driven by condominiums. Condo claims dominated the 80’s and early 90’s, pulled away with the low tide of condo construction, and are rising again. To assist you in preparing to surf this wave, we developed this webinar series to enhance your ability to protect the developer’s interests and properly coordinate the defense of these claims.
Understanding Multi-Family Construction Defect Common Claims & Defenses
With over 90% of condominium projects ending up in litigation, identifying the claims that trigger lawsuits in these cases is more important than ever. Join us as we unpack the most common claims and discuss defenses and other legal challenges, including how to exploit flaws in testing protocols and the improper use of extrapolation.
Self-Study CLE Credit: 1.0 General (CA)
Speakers: Nathan Owens & Brian Morrow
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Navigating Coverage in Condo Claims
With many types of policies for condo projects, the failure to evaluate the coverage issues properly can lead to tens of millions in uncovered claims. Join us as we discuss the unique coverage issues that arise from condo claims, what to consider when evaluating time-on-risk analysis for policies in HOA cases, and how policy limit demands can protect the developer and force insurers to resolve these claims.
Attendees will learn:
• What to look for in obtaining a policy for a condo project
• How wraps, time-on-risk, and excess v. primary impact condo claims and warning signs for potential coverage concerns
• Insurers’ multiple occurrence dodge to coverage
• The impact of policy limit demands
Mediating HOA Cases for Resolution: An Inside Look
The dynamics and issues involved in mediating condo claims are much more sophisticated than single family home claims. What hurdles must mediators overcome to resolve these claims? Join us, along with mediators Ross Hart and Jerry Kurland, as we explore how to effectively resolve condo cases. Our discussion will address the differences from single family home cases, what mediators need from developers to best resolve cases, the concerns of HOA board members that add to the difficulty in reaching a resolution, and more. By the end of our discussion, attendees will have a better understanding of the challenges facing all parties involved in mediating these multifaceted claims.
The most common trick implemented by HOA’s and their experts to exaggerate claims is extrapolation. However, rarely do they perform truly random and representative testing. Rather, they cherry pick their samples and use the data from these biased tests to inflate their claims exponentially. Unraveling these sampling methods can save builders millions of dollars. Join us as we demonstrate how testing data and sampling is manipulated to misrepresent the extent of defects. Also, learn the best ways to break down these claims and present the defenses to extrapolation to judges and juries.
Navigating Ethics in All Construction Defect Cases
California builders are aware of the high risk of litigation inherent in developing residential projects for sale. Subsequent homeowner claims can create tension between builders and their insurance carriers and this tension can present challenging ethical issues for builders and their counsel.
This webinar will explore some of the thorny and thought-provoking legal and ethical issues common to all construction defect claims, whether single family or HOA related. While this seminar offers an opportunity for lawyers to acquire that illusive ethics MCLE credit, our goal is to also provide both builders and their counsel practical tools to respond to these perplexing issues.
Standing and Title Issues in Multi-Family HOA Claims
Did you know that if the HOA does not have standing to bring the claims asserted, you may have a complete defense on a multi-family construction defect case? However, if you do not raise standing defenses, you may get sued twice for the same claims. Join us as we explore standing and title concerns in multi-family HOA claims including: (1) breaking down the relationship among homeowner associations (including master and sub), individual unit owners, and their rights; and (2) avoiding standing issues with CC&R’s, maintenance manuals, insurance policies, and title documents.
Fiduciary Duties of Board Members & SB800 vs. Calderon
Breach of fiduciary duty claims give rise to exposure beyond Construction Defect claims. Plus, deciding which pre-litigation procedure, if any, to enforce can set the tone for the defense of the entire claim. Join us as we explore the landscape of fiduciary duties of Board Members, including training, conflicts, risk, insurance, and exposure beyond SB800/Aas. We shall also dig into the differences between the Calderon SB800 pre-litigation procedures to understand the advantages and disadvantages of both, a hybrid approach, as well as the potential problems with tolling of claims.