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A video explaining the predominance of early resolution of a construction defect suit



See the full video at https://youtu.be/uj04AxGJ41U [1965653] It is an axiom followed by almost all lawyers that the earlier a cost is decided, the less it will cost the defendants. As suits are worn, when the discovery is received and analyzed, the parties' positions become less receptive to compromises. If the defendants and their lawyer consider that the responsibility towards the defendant is reasonably clear, they should work to bring the parties together to seek an early settlement. Some of the reasons for the early settlement are discussed below.

Negative publicity

Reputation as a builder, developer, engineer or architect can be ruined by unfavorable publicity. Wide dissemination of a single charge of negligent construction can lead to the accused losing business. Early settlement, if appropriate, can eliminate concerns about the damage caused by adverse publicity. The settlement should preferably be reached before the lawsuit is filed and the appropriate language in the settlement agreement should make the settlement confidential. The confidentiality agreement should include an agreement to pay liquidation (an amount of damages specified in the settlement agreement) to the other party if it is breached.

The court imposed conditions or sanctions

Bad facts and serious damages

Legal issues

19659007] Several claims

If the loss is such as to pay all those who apply what they want would clear the limits of the insured insurance, the insurer should, before concluding a settlement, do the following:

  • inform the insured about the limits available and that the claims may exceed these limits;
  • notify the insured that he or she has the right, at his or her expense, to have an independent adviser inform about the exposure the accident has caused to his or her assets; and
  • inform each complainant and their adviser of available limits.

© 2020 – Barry Zalma

Barry Zalma, Esq., CFE, now limits his practice to working as an insurance consultant specializing in insurance coverage. , handling of insurance claims, unfaithful insurance and insurance fraud almost equally for insurers and policyholders. He also acts as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims lawyer and more than 52 years in the insurance industry. He is available at http://www.zalma.com and zalma@zalma.com.

Mr. Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award.

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