SUBROGATION OF CONSTRUCTION DEFECTS
Construction defect investigations and litigation, like our large property & casualty claim investigation practice, is expert-driven. METROPOLITAN’s experts interact almost daily with lawyers in various specialties. Our experts have the substantive knowledge, training, and experience to cut through the technical legal jargon and trade-speak smokescreen that many lawyers throw up to disguise a bad faith position. This smoke screen does not deter our experts when helping interrogating adverse experts. Our playing devil’s advocate with the legal staff to ensure a complete, thorough, accurate and defensible expert opinion.
Most of the states experienced a
building boom during the period that preceded the economic downturn. Contractors were building quickly; construction
work and jobs were plentiful; but the pool of talent was limited. This created a fertile environment for
mistakes. METROPOLITAN expects
construction defect litigation to be a prominent component of its claim
investigation and subrogation practice for the next decade.
Early
intervention is the key to recovering subrogation dollars. At METROPOLITAN, it’s our specialty. Arriving promptly at the scene and gathering
critical information, getting the right parties on notice of a loss, ensuring
that evidence is protected and analyzed – we know that it is efforts like these
that maximize recovery for the insurer. Our
experts are unique in that they are as comfortable leading the charge at a equipment
damage or fire loss scene or in a laboratory examination as they are in a
courtroom testifying as experts. Our
expertise in fire and accident investigation, causation theories, and fault
analysis provides an unrivaled foundation when it comes to complex loss
litigation. We also have access to a
network of skilled lawyers who are ready to support us in analyzing your loss
and advocating in court when the loss warrants it.
We
understand that subrogation for you as an insurer not only involves the
recovery of what is rightfully yours, but also represents a major profit center
for your business. At METROPOLITAN, we
make every effort to maximize your profit by giving each claim, big or small,
the attention it deserves – and all that by charging you a small hourly fee for
our investigators. And we persevere
–Subrogation is not a side business for us; rather, it is a keystone of our
practice and expertise.
Whether
you have a property damage claim ready to pursue or are simply seeking advice on
whether a loss has subrogation potential, we stand ready to assist. Our staff is versatile and can adapt to your
reporting systems and on-line claim management programs, becoming a seamless
member of your team. We also work
closely with your insureds, providing them another level of customer service
that reflects on you as a carrier, helping you retain your customers. When we can recover subrogation dollars for
you and a deductible for your insured, it’s a win-win situation. Let METROPOLITAN
help you make that happen.
Structure Collapse Claims
There
are few loss investigations which can be more problematic than large structure
collapse claims. The construction of
commercial buildings requires input from a myriad of contractors who must work
closely with the other contractors on the project to ensure that the finished
project is proper and safe. When these
buildings collapse, it is often difficult to pinpoint the precise cause of the
failure, and identify the entities responsible for the loss. Through the
assistance of our highly-trained experts, METROPOLITAN can coordinate the
investigation of these losses, and let the insurance claims handler focus on
getting the insured back on its feet. We
have handled numerous large building collapse claims, including claims stemming
from the collapse of roofs throughout the United States.
Fire Suppression Systems
Building
Codes and the National Fire Protection Association (NFPA) identify numerous
types of fire suppression systems which can be utilized in various residential
and commercial structures. Determining
how and why these systems fail takes skill and expertise. At METROPOLITAN, we have handled suppression
system failures in both large and small buildings, and in commercial and
residential structures. Through the use
of highly-trained experts, we can lead the charge in identifying the
circumstances surrounding these failures, and assist you in recovering the subrogation
dollars to which you are entitled. Failures
of products, negligence of public utilities, general contractors, and
electricians; human error (such as improper use of the structure or product);
vehicle fires; and failures from a manufacturer's culpable conduct in design,
manufacture, testing and warning, all may lead to subrogation.
This
October 5th-11th marks the 93rd year the National Fire Prevention Association
holds their Fire Prevention Campaign. The campaign was first launched in 1922
after President Woodrow Wilson issued the first National Fire Prevention Day
proclamation to commemorate the Great Chicago Fire (October 8th, 1871).
This
year the theme is “Working smoke alarms save lives, test yours every month!” As
part of the theme the NFPA has released some tips for installing, checking, and
maintaining smoke alarms.
Below
are some smoke alarm tips from the NFPA:
• Install smoke alarms inside and
outside each bedroom.
• Install smoke alarms on every level
of the home and in the basement.
• Large homes may need extra smoke
alarms.
• It is best to use interconnected
smoke alarms so that when one alarm sounds they all sound.
• Test all smoke alarms at least once
a month.
• There are two kinds of alarms.
Ionization smoke alarms are quicker to warn about flaming fires. Photoelectric
alarms are quicker to warn about smoldering fires. The fire department recommends
using both types of alarms in the home.
• A smoke alarm should be on the
ceiling or high on a wall. Keep smoke alarms away from the kitchen to reduce
false alarms. They should be at least 10 feet from the stove.
• People who are hard-of-hearing or
deaf can use special alarms. These alarms have strobe lights and bed shakers.
• Replace all smoke alarms when they
are 10 years old.
Construction Defects
Many states have a rather complex statutory scheme in place for handling contractor liability claims. Without proper adherence to these statutes, construction defect claims can be lost even before the investigation gets underway. METROPOLITAN is well-versed in the handling of these claims, and has handled a wide variety of construction defect, fire and water subrogation claims which stem from the improper construction of commercial and residential properties or the incorrect installation of equipment or appliances by the contractors. The subrogation of these losses include: Losses due to poor construction practices; claims against architects, building designers, general contractors, developers, the design team of engineers, and the various subcontractors; and claims against public entities.
Mold
Mold can occur as the
result of the original loss or as the result of a contractor's repairs. Mold is especially prevalent in the South due
to high mumidity.
Burst Pipe Losses
Burst
pipe and freeze failure claims really aren’t as simple as they look. Did the pipe line fail due to the insured
forgetting to keep the heat on or due to abrupt freezing temperatures or due to
some insulation or material defect in the pipe itself? Perhaps it was a
combination of factors which led to the failure? METROPOLITAN has extensive
experience in the handling of flood claims which stem from the failure to
properly insulate and protect water supply lines. With our employment of some of the best
engineers and metallurgists in the country, METROPOLITAN can assist you in
establishing the mechanism of failure with respect to these losses, and make
sure that you are maximizing your recovery of subrogation dollars.
Water Damage
These types of
subrogation losses include: Failures of water and flood-control systems due to
improper design, construction, and maintenance, whether by public entities or
private contractors.
Fireplace System Failures
Over
the years, METROPOLITAN has handled numerous claims stemming from the improper
installation and maintenance of fireplace systems in homes throughout the United
States. Recently, we successfully investigated
several fireplace system installation negligence claim which resulted in at
least $5 million dollar settlement in favor of our subrogation clients.
METROPOLITAN
has extensive
experience handling multi-million dollar property loss cases arising from:
·
Defective
Drainage Plane Construction
·
Defective
floor Coating Applications
·
Defective
Windows
·
Direct
Applied Finish Systems
·
Exterior
Insulation Finish Systems (EIFS)
·
Improper
Vinyl Siding Installation
·
Mold
Claims
·
Roof
Leaks
·
Structural
Design Flaws
·
Traditional
Stucco Claims (Portland Cement Plaster)
·
Fire
damage resulting from gas leaks
·
Water
damage resulting from water leaks
·
Automobile
liability cases
·
Product
liability
·
Industrial
equipment electrical and mechanical failures
·
Electrical
malfunctions
·
Gas
malfunctions
SUBROGATION
SERVICES AT METROPOLITAN
METROPOLITAN
has broad experience handling subrogation claims arising from water, fires,
explosions, construction defects, product failures, energy and oil release
claims, and boiler and machinery failures. Our cases range from highly complex commercial
losses to smaller scale business and personal lines claims. Claims we handle include:
|
|
We
routinely involve our teams of origin and cause investigators; civil,
structural, geotechnical, electrical, mechanical, metallurgical, materials, and
automotive engineers; combustion scientists; fire protection specialists;
certified fraud examiners; accountants; law enforcement; and coverage counsel
in the underlying claim to analyze and determine the causes of losses and
accidents. We work with outside or
insurer counsel to ensure thorough analysis, proper evaluation of losses, and
to exhaust and/or eliminate alternative theories. We, along with the team of lawyers, develop
non-destructive and destructive testing protocols, coordinate transfer of
evidence and preservation of evidence.
Metropolitan Engineering, Consulting & Forensics
(MECF)
Providing
Competent, Expert and Objective Investigative Engineering and Consulting
Services
P.O. Box
520
Tenafly,
NJ 07670-0520
Tel.:
(973) 897-8162
Fax:
(973) 810-0440
E-mail:
metroforensics@gmail.com
Web
pages: https://sites.google.com/site/metropolitanforensics/
https://sites.google.com/site/metropolitanenvironmental/
http://metroforensics.blogspot.com/
We are happy to announce the launch of our twitter account. Please make
sure to follow us at @MetropForensics or @metroforensics1
Metropolitan appreciates your business.
Feel free to recommend our services to your friends and colleagues.