Research and Markets: Construction Defects: Litigation and Claims - 2013 Guide

Research and Markets ( has announced the addition of the "Construction Defects: Litigation and Claims" subscription to their offering.

Construction Defects: Litigation and Claims is designed to help property owners, developers, builders, contractors, subcontractors, insurers, lenders, and their risk managers and lawyers avoid or resolve claims associated with construction defect issues. This guide covers identification of construction defects and explains how to insure, investigate, prosecute, and defend litigation that results from construction defect claims.

This Guide is used by risk managers of design, construction, building engineering and geotechnical firms, development companies, architectural firms, property owners, contractors and subcontractors, material vendors and their insurance companies and lawyers. Managers of real estate companies also value this resource.


  • - Leads the reader through the claim process from the perspectives of both insured and insurer, discussing the investigative process in detail
  • - Provides comprehensive information including:
  • The construction process
  • Risks that must be managed
  • How to acquire and understand construction insurance
  • How insurers decide to insure or not insure
  • Reporting and presentation of a claim from initial report to final resolution, proof of loss, payment, or litigation
  • Confronting losses caused by construction defects
  • Basic statutory and case law for construction defects and related insurance issues
  • Underwriting against construction defect claims and the litigation of construction defect claims
  • Alternative dispute resolution of construction defect claims
  • - Incorporates numerous citations to relevant statutory, regulatory, and judicial sources

Topic Areas

- Alternative dispute resolution

- Bad faith

- Construction contract

- Construction defect policies

- Construction defect suit

- Defects

- Evaluation and settlement

- Insurance and underwriting

- Liability insurance

- Plans and specifications

- Property inspection

- Structure

- Tort defenses

- Trial


  • Comprehensive Coverage - Covers both federal and state law, and cross-references state law and cases
  • Supplementary Materials - Provides dos-and-don'ts checklists, sample forms, and more

Published on a Quarterly Basis

Key Topics Covered:


I-1 The Structure

  • A. Building Codes
  • B. Basic Construction
  • C. Construction Experts

I-2 The Construction Contract

  • A. Contract Documents
  • B. Content of the Contract
  • C. Conclusion

I-3 Plans and Specifications

  • A. Plans
  • B. Specifications
  • C. Project Management

I-4 The Property Inspection

  • A. Real Estate Inspection Standards
  • B. Exterior Inspection Components
  • C. Interior Inspection Components
  • D. The Inspection Report

I-5 The Defects

  • A. Water Intrusion
  • B. Structural Failure
  • C. Defective Design


II-1 Understanding Insurance and Underwriting

  • A. Understanding Insurance and Insurance Claims Handling
  • B. Underwriting

II-2 Construction Defect Policies

  • A. Insurance Policies
  • B. Property Insurance
  • C. Legislation
  • D. Performance and Payment Bond Claims

II-3 Liability Insurance

  • A. How To Buy Liability Insurance
  • B. Duties of the Insured and Insurer
  • C. Other Insurance Clauses

II-4 Bad Faith

  • A. Common Law Bad Faith
  • B. Third Party Bad Faith
  • 1. Avoiding Charges of Bad Faith
  • C. Survey of Bad Faith by State


III-1 The Construction Defect Suit

  • A. Avoiding Litigation
  • B. Using Insurance Contracts
  • C. The Parties
  • D. The Complaint
  • E. Litigation Between General Contractor and Subcontractor
  • F. Litigation with Design Professionals

III-2 Tort Defenses

  • A. Economic Loss Doctrine
  • B. Negligence
  • C. Strict Liability
  • D. Statutes of Limitation
  • E. Statutes of Repose
  • F. Construction Defect Cases from Canada

III-3 The Trial

  • A. Preparing a Case for Trial
  • B. Proceeding to Trial

III-4 Evaluation and Settlement

  • A. Damage to Property
  • B. Injuries to Persons

III-5 Alternative Dispute Resolution

  • A. Mediation
  • B. Arbitration
  • C. Right to Repair Statutes in Construction Defect Claims
  • D. Using Judicial Reference

For more information visit


Research and Markets
Laura Wood, Senior Manager.
U.S. Fax: 646-607-1907
Fax (outside U.S.): +353-1-481-1716
Sector: Construction and Engineering, Legal
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