Masonry Magazine August 2004 Page. 41
Even on smaller projects, bad construction cases can quickly become crippling if you are exposed to statutory penalties and attorney's fees. Know the potential claims in your area as well as their impact on insurance coverage and defense responsibilities for your insurance carrier.
Minimizing Risk
With the possibility of attorney's fee recovery, punitive damages or even triple damages with respect to some of these creative claims, it is clear that you need to be aware of the specific potential claims in your area. Next, you must have clear and accurate documentation and communication to protect against misrepresentation-style claims.
There is no panacea or guaranteed inoculation against a suit being filed, let alone how a trial court will react when facing claims that remain poorly defined by the law. The best protection against such risk is clear documentation, training and communication on your projects. A consistent chain of documentation reduces the risk of suit through clear communication and dramatically increases your chance of prevailing in front of a judge or jury if you do face the creative new claims being raised in construction cases.
Timothy R. Hughes, Esq., is the principal of the Northern Virginia law firm of Hughes & Associates, P.L.L.C. He specializes in construction litigation, corporate and business related representation, and complex civil litigation. He may be reached at tim@hughesnassociates.com, or by phone at (703) 671-8200.
This article is not intended to provide specific legal advice, but instead as general commentary regarding legal matters. You should consult with an attorney regarding your legal issues, as the advice you may receive will depend upon your facts and the laws of your jurisdiction.
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August 2004
Masonry 39