Welcome to Everything Building Envelope℠!
Everything Building Envelope℠ is a dedicated podcast and video forum for understanding the building envelope. Our podcast series discusses current trends and issues that contractors, developers and building owners have to deal with related to pre and post construction. Our series touches on various topics related to water infiltration, litigation and construction methods related to the building envelope.

 

Tom Madigan
Buchanan Ingersoll & Rooney

(Released on April 15th)

  • In our last podcast we talked about risk allocation and risk management tools. So, now, despite having employed all of those measures, there are performance issues with the building envelope that lead to litigation. How can the parties resolve their dispute quickly and cost-effectively?
  • So, what are some strategies for resolving building envelope performance litigation early and cost-effectively?
  • Isn’t that done as a matter of course in every case? Doesn’t every party go out and get an expert to work up a theory of what went wrong and who is responsible?
  • By every one agreeing to use a single independent expert?
  • Why isn’t that done in every case?
  • How do you overcome the reluctance to do an early evaluation?
  • Let’s say you weigh the risks and get agreement to do early testing and forensic examination. What kinds of things are you trying to determine.
  • Okay, you do the testing and forensic examination and you arrive at some degree of consensus as to what the extent and cause of the problem is. Then what?
  • What are the keys to getting to a remediation plan that all parties accept?
  • Let’s say you fashion a remediation plan that gets everyone’s buy in; how do you build a settlement around it?
  • That sounds like it would be in all of the parties’ interests. When isn’t remediating the problem the best solution and what are some of the obstacles that can get in the way even when it is?
  • How do you get over those obstacles?