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Litigation Cases

Insurance Company Cases

Surety Cases

SAMPLING OF LITIGATION CASES

Construction/Business Analysis

This case involved analyzing the financial status and general marketing and sales procedures of an established erection subcontractor after they experienced a major accident on one of their projects. Our role was to review and comment on whether there were any damaging effects as a result of the accident, which may have reduced the business opportunities for this firm, as they claimed, or whether other conditions may have caused their financial problems. An analysis of general business trends in the industry, along with an analysis of the company's past and present sales procedures, were involved in arriving at our conclusions. The case required general construction technical support and business analysis along with expert witness testimony.

Construction Accident

This involved an accident with a mobile masonry material hoist, which had rolled over while lifting pallets of brick and required our investigation to determine the cause and to present our conclusions. Our analysis required site visits, topographical surveys, measurements and the development of other engineering data. The case required civil engineering support and a licensed surveyor for the accident investigation and expert witness testimony.

Design/Construction Defects

This case involved an analysis of the design specifications and the cost of installation for a replacement gymnasium floor, which, it was claimed, was improperly constructed. It was alleged that the main cause of added cost and construction delay was poor construction methods. This in turn caused surface preparation work on the existing concrete slab to be more extensive than planned in order to have an acceptable finished surface product. LMACS was able to prove that the problems encountered were not the fault of our client. The investigation included analysis of architectural standards and specifications, construction records, and construction means and methods regarding surface preparation and installation of new wood floors, utilizing our staff's knowledge of design and construction procedures. LMACS provided expert witness testimony and technical support services which included architectural and cost estimating specialists for this case.

Design/Construction Defects

This case involved the analysis of the concrete structural frame for several midrise apartments and condominiums. Our task was to determine if the current damage was design or construction related, develop repair procedures and cost estimates for the repairs, and identify the parties at fault. On-site inspections and measurements were required to develop our analysis, along with review of the construction records and the architect's and engineer's design calculations and specifications. LMACS's report included charts and tables to present our findings. The case involved structural engineering analysis, architectural expertise and cost estimating capabilities, and expert witness testimony.

Construction Delay Claim

This case involved a subcontractor's contractual obligations to its mechanical contractor and the review and analysis of the work it performed to determine if the sub-subcontractor had defaulted, as claimed by the mechanical contractor. LMACS's review involved a time delay analysis, cost study, and evaluation of contractual issues, along with the preparation of comparative schedules as part of our report presentation. This case required the use of LMA's general construction experts with specific experience in subcontracts for technical support and trial testimony.

Building Damage/Residential

This case involved the inspection of water damage to a new residential building which required our analysis of cause of damage, types of repairs necessary to correct damage, and cost estimates for same. This case required architectural expertise from LMACS and cost estimating.

Building Damage/Residential

This case involved the determination of termite damage to an existing residential structure. LMACS was charged with determining the time period within which the damage may have occurred, and identifying the cause. We also reviewed repair procedures, which had been used earlier, and commented on their effectiveness and current effect on the structure. This was an historic building and our report identified the problems and outlined the means of correction, along with a cost analysis of the proposed repairs. The case required LMACS's architectural expertise and cost estimating experience to develop the analysis. Expert witness testimony was not required in this case as it was settled favorably out of court.

Traffic Accident

This case involved a traffic accident between an ambulance and a private automobile as a result of inoperable traffic lights. Our role was to evaluate the cause for the traffic light outage and identify the party responsible. Our report presented our analysis and conclusions along with charts and photographs. The case required technical support of LMACS's electrical construction specialists with experience in the installation of traffic lights. This case settled out of court.

Business Sale/Change Order Analysis

This case involved the analysis of change orders and other contract issues, which were part of a sale of a construction company. LMACS's role was to determine if the appropriate amounts were negotiated for the change orders which were to become part of the purchase price, and whether the proper amounts were paid to the party selling the company. The case involved expert witness testimony and LMACS's general construction and cost-related technical support for the case issues.

Product Liability

This case required the structural review and evaluation of testing and inspection procedures, which had been performed by experts on a worldwide basis for a pre-cast concrete product defect. Our analysis was to determine the need and appropriateness of those activities, along with analysis of the cost. LMACS provided structural engineering analysis and cost accounting technical support along with expert witness testimony in this case.

Personal Injury

Construction Project
This case involved an analysis of construction methods and safety precautions, which allowed stored wallboard to become airborne and leave the upper floors of a high-rise building under construction. This airborne material caused injury to a tenant/employee in an adjacent building as a result of broken glass. Analysis of project records, meeting minutes and general construction procedures was made utilizing LMACS's experienced general construction specialists. We also provided expert witness testimony.

Painting Operations
This case involved a painter who was injured in a fall from an electrical transmission tower during painting operations. LMACS’s analysis included the preparation of scaled drawings to compare the alleged point of fall and the actual point of impact to determine if safety procedures had been followed. LMACS provided expert witness report and testimony on this case.

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