California Attorneys Guilty Of Misconduct With The Help Of A Construction Defect Expert
by Stella Gay
California has earned their reputation for outlandish settlements on nonsense litigation very honestly. They are the darling child of property casualty claims against insurance companies who become litigious when a law firm encourages homeowners to get together and sue under four policy terms for each suit brought. These became a cash-cow for attorneys in California who had big brass ones and called in a <A href="http://www.deanjvlahosfaia-associates.com">construction defect expert</A> to make a case.
Within this genre there are those who have marketable knowledge about wear and tear on carpet, wood erosion, and degeneration of concrete. The concrete experts were used most often by certain law firms, as they were willing to testify that improper mixing of ingredients resulted poorly constructed foundation slabs, driveways, sidewalks, and curbs. It was claimed that, within ten years, the concrete would dissolve completely.
The primary carrier of insurance for general contractors in California are Lloyds of London, as they specialize in risks which are difficult or impossible to cover otherwise. The first wave of suits came as a result of homeowners comparing the blue-prints of their home with the work that was actually done. Certain companies had cut corners in the framing of these structures, and this shoddy workmanship only became apparent after the earthquake and shaken off the drywall.
In many cases, nearly 75% of all structures built by certain companies had utilized a program of nailing only one nail out of every five promised on the blue-print. This was so consistent that a jury accepted it as an intentional business practice. Many large settlements were awarded, and several hundred structures were either reworked or completely torn down due to structural integrity problems.
The Northridge Quake initiated a frenzy of suing unprecedented in the history of California litigation. With the courts in this region being notorious for outlandish settlements on cases most Judges would refer to as nuisance suits, homeowners and attorneys alike took advantage. If there were no signs of shoddy work on the framing, then experts were brought in to testify on carpet and concrete.
If the integrity of framing could not be brought to question, the integrity of carpet and linoleum was. With settlements averaging only around $10,000.00, counsel representing the homeowners went hunting for a more lucrative angle. They found their golden tuna when they discovered PhD-qualified professors with some technical knowledge on concrete, along with some theories about how it can fail within decades if poorly mixed materials are used on a fault line.
Now that twenty years has passed, everyone can see that this concrete did not dissolve. Settlement funds paid out were supposed to be utilized for the laying of a better grade of concrete. Instead, one sees that these funds were used most often to pay off the mortgages on these homes; which is understandable considering the cost of property in the area.
The loophole within the contract allowed for suits to be brought under the completed operations coverage. Construction defects were denied under any liability policy underwritten for general contractors in this region. Just as homeowners insurance cannot spread the risk far enough to cover earthquake damage, general liability policies cannot cover contractors for construction defects in an area where land movement can manifest defects overnight.
You can visit <a href="http://www.deanjvlahosfaia-associates.com">www.deanjvlahosfaia-associates.com</a> for more helpful information about How Insurance Can Be Manipulated By A Construction Defect Expert.
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New Unique Article!
Title: California Attorneys Guilty Of Misconduct With The Help Of A Construction Defect Expert
Author: Stella Gay
Email: nathanwebster335@live.com
Keywords: law, legal, attorneys, lawyers,
Word Count: 544
Category: Legal
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