The Lien Zone Podcast: Construction Law, Contracts, Liens, Bonds & Collections

Chapter 558 & Construction Defect Masterclass (Part 3 of 3)

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In the final episode of this three-part series, board-certified construction attorney Alex Barthet walks through the step-by-step process of handling a construction defect claim once it arrives. From initial notification to final resolution, he explains how to respond effectively, involve the right parties, and protect yourself from further liability. Alex also covers key legal defenses, including non-material code violations and failure-to-maintain arguments, and highlights the importance of securing a proper release to avoid getting pulled back into disputes after settlement.

Highlights in this episode:

  • Step-by-Step Claim Response: A detailed breakdown of the process, from notifying legal and insurance carriers to compiling records, conducting inspections, and drafting a response.
  • Forwarding Liability: How to properly notify subcontractors and suppliers within statutory deadlines to shift responsibility when necessary.
  • Inspection & Documentation Strategies: Best practices for coordinating inspections, taking photos, and using evidence to dispute claims.
  • Legal Defenses Against Claims: How to argue non-material code violations, failure-to-maintain issues, and other defenses to reduce liability.
  • Securing a Scope Release: Why getting a full release—including for other parties—is crucial to prevent future litigation over the same defect claim.
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    The Lien Zone Podcast: Construction Law, Contracts, Liens, Bonds & CollectionsBy [email protected]
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