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Original Program: When the Walls Come Tumblin' Down...:Preparing for and Confronting Construction Defect Litigation in North Carolina (2018 Construction Law Section Annual Meeting), September 28-29, 2018

Available format

This program is intended to steer attendees through the construction defect claim process, from as early as drafting a client’s contracts to better defend against potential future claims, through pre-litigation considerations, the collaborative process either before or after litigation, and through litigation and the various issues that may arise therein.

This program is designed to:

  • Provide a thorough understanding of how to prepare for and tackle construction defect claims
  • Appeal to both the contractual and litigious interests of construction defect claims
  • Equip North Carolina attorneys to better instruct and meet their clients’ needs in connection with construction defect claims

Planned by the NCBA Construction Law Section

Click on the "In Depth" tab for session and speaker information.

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Standard: $540
NCBA Member: $450
NCBA Construction Law Section Member: $420
CLE Premier Pass: $0


Discounts are available for NCBA members who are law professors, judges, or legal services/public interest attorneys. Call CLE at 800.228.3402 for details.

Product Information
Product Date:
September 28, 2018
Chapter 1 | Risk Management Through Contract Drafting | 90 minutes

Topics include:

  • Considerations in contract drafting to protect your client’s interests
  • Necessary provisions and provisions to look out for
  • Perspectives from the design professional and contractor’s viewpoints
Speaker Information
Carl J Burchette  [ view bio ]
W James Johnson  [ view bio ]
Allen L West   [ view bio ]
Chapter 2 | Considerations in Defending a Construction Defect Claim | 53 minutes

When a party invitation arrives in the mail, there are several things the recipient must consider.

What kind of party is it? Who sent the invitation? Who else has been invited?

Receiving a new complaint or third-party complaint is not unlike receiving that party invitation. When that new complaint involves allegations of construction defects, defense counsel must quickly analyze a number of issues before responding.

This session is a brief primer on some topics defense counsel should think about before heading off to the party.

Topics include:

  • Initial review of materials
  • Additional insured coverage
  • Determining experts
  • Evaluating potential cross-claims and counterclaims
  • Perspectives of a third-party defendant
  • Alignments amongst multiple defendants
Speaker Information
Nicole B Slaughter   [ view bio ]
Chapter 3 | The Use of Collaborative Law in Construction Cases | 63 minutes

Too often, we look to the past both in the selection of the tools we use to resolve a problem and in looking back to find fault or assign blame.

Looking forward both in terms of incorporating new dispute resolution techniques into our practice and also being open to creative solutions based on where the parties are, rather than where they have been, is an approach to problem solving well worth adopting.

Topics in this session include:

  • Discussion of the rise of collaborative law in construction cases
  • Description of the Collaborative Law Act (proposed legislation)
  • Benefits of embracing collaborative law in construction defect claims
Speaker Information
John W Ong  [ view bio ]
Chapter 4 | Expect the Uninspected: Construction Defects Claims and Building Code Issues/Code Officials | 45 minutes

Less common knowledge and experience is the subtlety of the interplay between the construction process and the review process, and how it might play into or affect the litigation or arbitration of a construction defect case.

This session attempts to flesh out that process, beginning with a short review of the relevant caselaw before proceeding to a few individual case studies dealing in a very specific way with this issue.

Session topics include:

  • Discussion of the interplay between code violations and liability
  • How to approach code review and obtain governmental approval
  • How blaming a governmental inspector does not constitute a defense
  • How to use expert witnesses to benefit your case
Speaker Information
Erik M Rosenwood  [ view bio ]
Chapter 5 | Posturing Your Case to Tackle Insurance Coverage Issues | 69 minutes

Regardless of the type of legal practice that one focuses upon, litigation and the prospects of success in litigation should always be a consideration for the attorney deciding whether to represent a particular client.

Litigation can be extremely expensive and time consuming for the attorney and the client. While there are certainly claims or cases where an aggrieved party is only seeking justice or vindication from a jury, those types of cases are rare.

More frequently, the client’s initial demand to proceed at all costs because “it’s the principle of the matter” falls flat when the client’s victory in court is hollowed out by the reality that the judgment in uncollectable.

Unless your client is Croesus every case should consider its costs versus ultimate benefit.

Session topics include:

  • Perspective from an insurance coverage counsel
  • How to draft pleadings to trigger coverage – what to include and what to avoid
  • What insurance issues to consider in posturing your case
Speaker Information
Martha P Brown   [ view bio ]
Chapter 6 | How to Survive the Discovery ePocalypse: A Guide to eDiscovery Best Practices | 75 minutes

This session’s topics include:

  • A description and background of ESI
  • Cost-effective tips concerning ESI workflow
  • The benefit of ESI protocol agreements at the outset of litigation
  • Metadata’s importance and how to properly leverage it
  • Complete understanding of the EDRM (Electronic Discovery Reference Model)
  • eDiscovery review platforms
  • Current eDiscovery trends
Speaker Information
Brad Bailey   [ view bio ]
Individual topic purchase: Selected
NC State Bar
Mandatory Continuing Legal Education (MCLE) and Certified Paralegal Education (CPE) (Total): 6.50
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