DAMAGED - By Ben Teague
What You Need To Know About Construction Litigation and How To Avoid It
Title: DAMAGED - What You Need To Know About Construction Litigation And How To Avoid It
Author: By Ben Teague
Pages: 250
Description: An incalculable number of hidden construction defects were built into America's rapidly expanding communities in recent years-right under the authorities' noses. Now homeowners are turning to the courts for relief, creating an epidemic of construction defect lawsuits.
This is the first of several books published by Ben Teague, as a resource to help contractors and property owners understand the hazards and liabilities of renovations and new construction projects.
This book is printed in full color with dozens of photos including examples of real life construction related problems and disasters. While visually appealing, educational and entertaining, you will find the information valuable as well.
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Chapter Index:
0. INTRODUCTION
1. ENVIRONMENTAL CONSTRUCTION LITIGATION
- Asbestos Contamination
- Toxic Chinese Drywall
- Mold
2. DEFECTIVE CONSTRUCTION WORKMANSHIP
- Water leaks
- Flooded Basements & Wet Crawlspaces
- Soils Expansive & Non-Compacted
- Retaining Walls
- Surface Cracks
- EIFS
- Safety Violations
- Breach of Contract
3. DEFECTIVE CONSTRUCTION MATERIALS
- Federal Pacific Electrical Distribution Panels
- Polybutylene Domestic Water Supply Piping
- Entran Heating Tubes
- Masonite
- Aluminum Branch Circuit Wires
4. ONE OF THE MOST EXPENSIVE CONSTRUCTION DEFECTS IN HISTORY
- A Quarter Billion Dollar Construction Mistake
- Or a Quarter Billion Dollar Real Estate Mistake
- Where Was The Building Official?
5. COMMUNICATION
- Don't Alienate Your General Contractor
- Document and Record Communications
6. CONSTRUCTION LAWS, CODES & RULES
-
OSHA
-
EPA
- Construction Codes
- Litigation Law
- Lobbying and Unbalanced Protective Legislation
- Information Resources
7. CONSTRUCTION DEFECTS OR NON-COMPLIANT CONSTRUCTION
- Define Construction Defect
- Non Compliant Construction
8. BUILDING CODE AND REFERENCED STANDARDS
-
IRC (International Residential Code)
-
IBC (International Building Code)
-
ASTM Referenced Standards
- Other Construction Standards
9. THE BUILDING OFFICIAL & INSPECTORS
- What is the Building Department
- Who is the Building Official
- Does the Building Official Have Any Liability
- Interference with Community Development and Revenue
- Exposing Municipal Employees to Asbestos
- Why Would a Municipal Officer Risk Exposure to Asbestos?
- Can You Sue The Building Official?
10. A CHEAP CLIENTS LIABILITY
- Failure to Maintain a Construction Budget
- Demanding Something for Free
- Victimize the Contractor
- Do It Yourself Property Owners/Contractors
11. THE CONTRACTOR/BUILDER & SUB-CONTRACTORS
- How to get a Contractor's License
- General Contractors and Builders
-
Sub Contractors and Tradesmen
- The Cheap Contractor
- Contractor Scams
- Low Bidders
- Circling the Wagons
- Dissolving a Corporate Construction Entity to Avoid Liability
12. SCOPE OF CONSTRUCTION WORK AND CONTRACT RESPONSIBILITIES
- Pre Construction Responsibilities
- Construction Specific Responsibilities of Sub-Contractors
- Construction Tasks Actually Performed by the General Contractor
- Contracts
13. BUILDERS INSURANCE
- General Liability
- Insurance Carriers Refusal to Pay for Judgments
- Occurrence & Claims Made
- Errors & Omissions insurance
- Bonding
14. THE ARCHITECT & ENGINEERS
15. THE EXPERT WITNESS-INSPECTOR
- Lead Expert Retainer Agreement
- Plaintiffs Expert (s)
- Defense Rebuttal Expert (s)
16. BUILDING INSPECTION & DEFECT INVESTIGATION
- First Site Visit, What to Expect
- What is in a report
17. THE ATTORNEYS
- Plaintiff Attorney
- Defense Attorney (s)
- Conflicts of Interest
18. WHAT WILL COST THE MOST MONEY
- Things you can do for FREE $0
- Hire an inspector
- Retain an Attorney
- More Inspections and Reports
- Mediation
- Depositions - Benefits vs. Cost
19. TRIAL & ARBITRATION
- Jury Trial
-
Arbitration
20. HOW TO PREVENT CONSTRUCTION LITIGATION
- Property owners
- Contractors
- Over Regulation
- Under Regulation
- Conclusion