Case
Studies...Construction & Engineering
Technical
Expertise in construction and engineering are invaluable to the
construction attorney.
Training and Experience
in areas other than law are useful in resolving disputes. Without
having to resort to outside experts, Scholefield draws on the
wealth of technical knowledge within the firm. This is an effective
toll for analyzing problems and presenting convincing argument
during negotiations.
Challenge the Expert
- Troubleshooting failure. Client (electrical contractor) was
not paid, but instead was accused of failing to properly troubleshoot
electrical distribution equipment in a business facility, allegedly
causing the business owner over $300,000 in direct and consequential
damages. During mediation, the business owner's paid expert's
analysis was challenged by Pam Scholefield. The mediator determined
that Ms. Scholefield's engineering background and direct experience
with electrical distribution equipment was more credible than
that of the paid expert. Mediator promptly convinced business
owner to pay client for the contract value plus costs. Scholefield
did not sue an outside expert to make any analysis.
Design Flaw - Ladder
failure. Through a simple engineering demonstration that was easily
reproducible at the mediation table, Scholefield was able to convince
opposing counsel and the ladder manufacturer that the design of
a weight bearing member caused the collapse of a ladder. The manufacturer
immediately change its defensive posture and agreed to a settlement.
Scholefield did not use an outside expert to analyze the situation.
Delay Claims - Damages
for delays. Client contractor and project owner were sued by a
subcontractor for non-payment and delay damages. This led to multiple
party cross-complaints. After in-house analysis of daily reports
and other key project documents, it was confirmed by Scholefield
that the true source of delays was not caused by client. Scholefield
did not use an outside expert to analyze the delays or to prepare
an as-built critical path. After the in-house analysis was presented
during mediation, the subcontractor's own hired expert took the
lead to convince the subcontractor to settle for far less than
subcontractor originally sought, and client was able to recoup
its own delay damages from the cross-defendants.
These are but a few examples
of how real world experience beyond the typical attorney's training
and experience is beneficial to our clients.
We are...
Anything But
Typical
Call us now to discuss how you can benefit by
using a different approach to managing to your legal needs.
858-613-0888
info@construction-laws.com
We are located at 13475 Danielson St., #100 Poway CA 92064
  
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