Publications > Construction Litigation

Limiting Construction Failure Losses – A Challenge for the Insurance Industry

A primer on construction failures. Why do they occur? How is the insurance industry affected? Building failure litigation - who is responsible? Read More

American Institute of Architects California Chapter Proposes Changes to Certificate of Merit Law

American Institute of Architects

American Institute of Architects, CC-ND

The American Institute of Architects California Chapter (AIACC) is pursuing an amendment to either the Senate or Assembly Judiciary Committee Omnibus bills that would modify the process for certificates of merit in litigation involving design professionals. Read More

ASTM Task Group Addresses Challenges of Designing and Constructing Weather-Resistant Frame Buildings

ASTM International is an international standards organization that develops and publishes voluntary consensus technical standards for a wide range of materials, products, systems, and services

ASTM International. CC-ND

ASTM Task Group E06.21.14, chaired by Serge Fedorov, AIA, an architect with the Oakland, CA Housing Authority, is closing in on a national standard that is intended to result in low-rise frame buildings that are resistant to leaks. Read More

The Practice of Architecture in California and Architectural Negligence

In litigation, the determination of architectural negligence, or malpractice as it is commonly known, has to be evidenced by testimony of expert witnesses. In assessing whether or not an architect conformed to the "standard of care," an expert witness must consider whether or not the architect used ordinary care and skill, that is, what a reasonably prudent architect would do in the same community and in a given time frame given the same or similar circumstances. Read More

Architect Disciplined for Designing a Flat Deck

Although the debate over substrate slope in protected membrane roofs may continue, a recent disciplinary action by the California board of Architectural Examiners seems to have ended any debate over surface slope. Read More

Water Testing as a Diagnostic Tool for Building Leaks

In the field of construction diagnostics and litigation, water testing is frequently used to find the source of water intrusion, and less frequently, to proof test prototypical repairs. Selecting the type of test and conducting it properly is important, not only so that it will be an effective diagnostic tool, but also so that it will be credible if presented in court in conjunction with expert testimony. Read More

WESTCON Roster Provides List of Bay Area Construction Consultants

WESTCON Construction Consultants Association website provides list of Bay Area construction industry consultants specializing in forensic, diagnostic, and repair services. Read More

What Is the California Building Code?

Many people involved in building design, construction, or even construction litigation are under the erroneous impression that the prevailing building code in California is the Uniform Building Code (UBC) and that it is adopted and amended by local cities and counties. Read More