The Construction Defect Litigation Podcast

Forensic architect Chris Ling joins the show to talk about building envelope defects.  Chris is the National Lead for Forensics at Vertex.  He has written reports in more than 1,500 construction cases, amounting to $2 Billion in claims. The show details the most common BE defects, including window, roof, balcony/deck and cladding issues. It also covers how these defects are investigated, and how t...

There’s only one piece of persuasive writing you’re going to need in virtually every CD case — a mediation brief. It’s arguably the most important lawyer-generated document in the case.  You may never need a motion for summary judgment or a trial brief.  But you're going to need a mediation brief. And if it helps get the case settled, you’ve saved your client — and your client’s carriers depen...

In construction defect litigation, insurance coverage shapes everything from defense strategy, to settlement, to who ultimately pays the claim. In this episode, host Chris Rhody and Clapp Moroney partner and 26-year veteran Matt Constantino break down the insurance coverage issues construction defect attorneys need to understand when addressing coverage in their cases. Topics include: Building the...

Construction defect litigation rarely involves just two parties. Owners, developers, general contractors, subcontractors, design professionals, insurers, and product manufacturers may all play a role. In this episode, Kahana Feld’s Construction Defect Practice Group Chair Ivette Kincaid and senior associate Thomas McCarrick join host Chris Rhody to discuss the challenges of litigating multi-party...

Many construction defect cases settle before reaching a courtroom, but those that go to trial present a unique challenge: explaining highly technical construction issues to jurors with no construction background. Success often depends not on who has the most complex expert analysis, but on who can tell the clearest, most credible story. In this episode, host Chris Rhody welcomes veteran constructi...

In this episode, I sit down with Rick Seely a partner with Segal McCambridge Singer & Mahoney in Los Angeles to discuss selecting expert witnesses. Rick has over 30 years of experience handling complex construction defect cases. Expert witnesses play a pivotal role in the outcome of construction defect disputes. From forensic engineers and building envelope specialists to cost estimators and s...

High-Rise construction defect cases are the most complex, high-dollar case types in our industry. They present unique challenges from design and construction issues to expert investigations and litigation strategy. In this episode, I sit down with 30+ year veteran construction defect attorney Joe Kaneda of Fenton, Grant, Kaneda & Litt. Joe and his firm have extensive experience handling high-r...

Wrap insurance programs can dramatically affect the outcome of construction defect claims, yet many attorneys, builders, and contractors struggle to fully understand how these policies operate in practice. In this episode, 30+ year veteran construction defect defense attorney David McLain joins the pod to unpack the complexities of Owner-Controlled Insurance Programs (OCIPs), Contractor-Controlled...

Not every construction defect case is worth taking. Before accepting engagement, plaintiff attorneys must decide whether a case justifies the substantial investment of time, money, and firm resources—with no guarantee of recovery. In this episode, I'm joined by 25+ year plaintiffs' construction defect attorneys Jeff Kerrane and Heidi Storz, the founding partners of KerraneStorz. We examine the key...

Aon Managing Director of National Construction & Infrastructure Mike Roark joins to give a deep dive into Construction Defect Insurance. This is a rare opportunity to learn from a 35-year insurance brokerage veteran at the World's 2nd largest brokerage. We will cover, among other topics: the major defect categories that lead to claims; risk management strategies; common mistakes construction p...

26-year construction defect litigation veteran Joe Smith of Burg Simpson joins to discuss the Notice of Claim Process. Joe's experience in multiple states, together with his unique perspective as a licensed architect makes the show a must listen for anyone wanting to know more about mandatory pre-litigation resolution procedures in CD cases.

An in-depth discussion of the Statute of Limitations and the Statute of Repose as applied in construction defect cases with 11-year litigator Kirsten Kube of Fox Rothschild. The episode explains the differences, examines recurring issues like substantial completion, reviews discovery strategies and includes a topic-related war story.

In this episode, 29-year construction defect litigation veteran and current construction defect-only mediator Chris Rhody breaks down the benefits and risks associated with mediating versus litigating a complex construction defect case. The show will review the costs of both alternatives, the timelines, potential outcomes and includes a topic-related war story.

This is a brief description of what the Construction Defect Litigation Podcast is all about: who the host is, what the subject matter is and who the intended audience is.