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 to prevent them from becoming issues in the first place.

Please be sure to follow, rate and review the show on your favorite podcast provider.  And, if you have any questions or comments, please email [email protected].

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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 depending on what side you’re on — potentially hundreds of thousands of dollars in no-longer-needed discovery and trial costs.  More importantly, the brief is the essential tool in securing the best possible settlement terms for your client.

So today we're going to discuss drafting an effective mediation brief. We'll address audience, tone, content and (possibly most importantly) why you shouldn't use AI to draft it.

Please be sure to follow, rate and review the show on your favorite podcast provider.  And, if you have any questions or comments, please email [email protected].

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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 coverage record: The policies, endorsements and other documents counsel should collect immediately.

When the right coverage was never purchased: What happens when an insured discovers that its policy contains an exclusion or limitation that creates a coverage gap.

Completed operations coverage: Why coverage for completed work is central to construction defect claims.

Timing and the trigger of coverage: The critical dates counsel should identify when analyzing which policies may respond.

The “your work” exclusion: How insurers use the exclusion and when coverage may nevertheless apply.

Defective work vs. resulting damage: The important distinction between the cost of repairing defective work and covered damage that results from it.

Additional insured coverage: Common surprises involving certificates of insurance, endorsements, scope of coverage, and completed operations.

Reservation-of-rights letters: How defense counsel should respond when an insurer agrees to defend but reserves broadly.

A coverage playbook: Practical first steps for defense attorneys handling a new construction defect case.

Please be sure to follow, rate and review the show on your favorite podcast provider.  And, if you have any questions or comments, please email [email protected].

Follow on LinkedIn: ⁠www.linkedin.com/in/chris-rhody-443aa3432⁠

Follow on Instagram: ⁠https://www.instagram.com/cdlitigation_pod⁠

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 construction defect cases. Drawing on their experience, they explore practical strategies for managing complex litigation, coordinating among numerous stakeholders, and positioning cases for successful resolution.

The conversation covers topics including:

1) Identifying the key players and understanding how claims develop in multi-party litigation; 

2) Working effectively with experts to evaluate construction defects, causation, and damages; 

3) Common procedural challenges, including scheduling, document management, and depositions; and 

4) Lessons learned from litigating complex construction defect matters and how thoughtful case management can improve outcomes.

Please be sure to follow, rate and review the show on your favorite podcast provider.  And, if you have any questions or comments, please email [email protected].

Follow on LinkedIn: www.linkedin.com/in/chris-rhody-443aa3432

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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 construction defect defense attorney David Salazar of Cole, Scott & Kissane to discuss how lawyers can translate complex building-related concepts into persuasive trial themes. They explore jury strategy, expert witness selection, cross-examination techniques, effective demonstratives and the practical lessons they've learned from trying high-stakes construction defect cases. Whether you're preparing for trial or looking to sharpen your litigation strategy, this conversation offers practical insights into presenting technical evidence in a way juries can understand and trust.

Please be sure to follow, rate and review the show on your favorite podcast provider.  And, if you have any questions or comments, please email [email protected].

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 scheduling experts, we explore what separates a good expert from a great one—and how the right expert can strengthen credibility, simplify technical issues, and help drive favorable resolutions.

This show explores:

1) The key qualities to look for when evaluating potential experts;

2) Why advocacy masquerading as expertise is a problem;

3) The importance of communication skills and jury appeal;

4) Strategies for preparing experts for deposition and trial; testimony

5) Why the best experts teach rather than lecture;

6) Red flags that may undermine an expert's credibility.

Whether you're a construction defect attorney, claims professional, expert or construction professional, this episode provides valuable guidance on building the right expert team and maximizing its effectiveness in construction defect litigation.

Subscribe, rate, and review the podcast to stay informed on the latest trends, strategies, and developments affecting construction defect litigation. And please send any questions or comments to [email protected].

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-rise construction defect cases.

Joe shares practical insights on litigating these massive cases, from pre-claim investigation through trial or arbitration. Joe also gives us a look into likely the most complex and expensive high-rise case of all time: the Millennium Tower case in San Francisco. Joe and his firm represented the HOA there.

Topics include:

1) Building the investigation;

2) Discovery strategy;

3) Arbitration/trial tactics; and

4) Presenting damages.

If you are involved in, or may someday be involved in one of these complex actions, this episode is a must listen.

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 Insurance Programs (CCIPs), and wrap-up insurance coverage. We discuss how these programs are structured, who is covered, common coverage disputes, and the unique issues that arise within this insurance model.

David shares practical insights on risk allocation, exclusions and the pitfalls that can create unexpected coverage gaps for builders and general contractors. Whether you're litigating construction defect cases, advising clients on project risk management, or navigating complex insurance coverage disputes, this episode will be informative.

Topics include:

• The fundamentals of OCIPs and CCIPs
• How wrap policies differ from traditional insurance programs
• Coverage issues commonly seen in construction defect litigation
• Common mistakes made by builders and general contractors
• Best practices for preserving and maximizing coverage

If your practice involves construction defect litigation, insurance coverage, or risk management for construction projects, this is an episode you won't want to miss.

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 factors that determine whether a construction defect case is worth the risk. From liability and causation issues to insurance coverage, collectability, damages, and litigation costs, we explore the questions lawyers should ask before committing to a case.

Whether you represent homeowners, builders, developers, subcontractors, or insurers, this discussion provides a practical framework for assessing the strengths, weaknesses, and economic realities of construction defect litigation.

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 professionals make when procuring coverage; and, of course, a topic-related war story.