In-ground swimming pool expert witness Paolo Benedetti - How a construction defect expert can keep you out of court.
Avoid Litigation
An expert should have as their primary purpose - honest representation of the facts and settling the dispute without litigation.
Face it, no one wants to litigate the facts of a dispute and leave the decision to an uninvolved third party (mediator, arbitrator, judge or jury).
Just the Facts
If the facts are clearly stated along with the supporting code or industry standard, then the parties are likely going to settle. A defendant would be foolish to litigate a case and exposed themself to punitive damages when construction defects are clearly detailed.
Most cases are settled out of court once the damages are agreed upon. Once the responsibility for the defects has been assigned, then the expert must determine the repair or replacement cost.
Determining the Costs of Repair
Sometimes determining the costs of repairs is relatively straight forward. But on complex cases where the entire project must be removed and an entirely new project must be built, determining the exact costs is based upon the experts experience.
Why can't exact costs be determined? The specifications for the replacement project have not been defined.
If the original project was not built to code and was devoid of soils reports, proper engineering and code compliance, then these will need to be incorporated into the new project.
To determine a repair or re-constructon budget the expert will use their experience to estimate the cost of correctly building a like project.
The plaintiff may even be liable for a more expensive replacement & modified project. Why? The new project may differ because it will now include code compliant construction, materials and details that were originally omitted or are now required.
How can the plaintiff be liable for meeting new codes and standards? If the plaintiff hadn't initially created a defective project, then the project would not be subject to reconstruction... and therefore not subject to the current codes and laws.
Hire an expert witness who will assist you on staying out of court!
Paolo Benedetti
Aquatic Artist, Consultant & Construction Defect Expert Witness
"Creating water as art."™
Aquatic Technology Pool and Spa
©www.aquatictechnology.com
Avoid Litigation
An expert should have as their primary purpose - honest representation of the facts and settling the dispute without litigation.
Face it, no one wants to litigate the facts of a dispute and leave the decision to an uninvolved third party (mediator, arbitrator, judge or jury).
Just the Facts
If the facts are clearly stated along with the supporting code or industry standard, then the parties are likely going to settle. A defendant would be foolish to litigate a case and exposed themself to punitive damages when construction defects are clearly detailed.
Most cases are settled out of court once the damages are agreed upon. Once the responsibility for the defects has been assigned, then the expert must determine the repair or replacement cost.
Determining the Costs of Repair
Sometimes determining the costs of repairs is relatively straight forward. But on complex cases where the entire project must be removed and an entirely new project must be built, determining the exact costs is based upon the experts experience.
Why can't exact costs be determined? The specifications for the replacement project have not been defined.
If the original project was not built to code and was devoid of soils reports, proper engineering and code compliance, then these will need to be incorporated into the new project.
To determine a repair or re-constructon budget the expert will use their experience to estimate the cost of correctly building a like project.
The plaintiff may even be liable for a more expensive replacement & modified project. Why? The new project may differ because it will now include code compliant construction, materials and details that were originally omitted or are now required.
How can the plaintiff be liable for meeting new codes and standards? If the plaintiff hadn't initially created a defective project, then the project would not be subject to reconstruction... and therefore not subject to the current codes and laws.
Hire an expert witness who will assist you on staying out of court!
Paolo Benedetti
Aquatic Artist, Consultant & Construction Defect Expert Witness
"Creating water as art."™
Aquatic Technology Pool and Spa
©www.aquatictechnology.com
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If you want to ask a question of Paolo Benedetti, you may email him at: info@aquatictechnology.com