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Diversifying Your Prac2ce for Financial Gain and Survival
Kerry N. Jardine Managing Shareholder
3
The Story
Sewed straps made of neoprene from wetsuits $3.05 35-‐mm camera made in China was first prototype Sold first prototype in 2004 at a trade show, which included camera, housing, and strap REI contract was first big break
GoPro is valued at OVER $5 BILLION today.
In an industry where you would think it’s all been done before…we someTmes stop ourselves because we believe all the good ideas are gone. Expanding world = greater opportunity
AddiTonal rules of diversificaTon
Never leave the goose that lays the golden egg Expect adversity, piXalls, and traps Long term strategy Play to your strengths Don’t force it Find knowledgeable Partners and Genius Vendors
MulT-‐Million Dollar Verdicts and Se[lements
in ConstrucTon Defect LiTgaTon
A New FronTer
12 years of se[lements & verdicts $39.5M Construction defect, foundation, moisture intrusion settlement (226 units)
$26.4M Moisture intrusion, shear wall, sound transmission, structural fill defect settlement (65 residential and 16 commercial) condo owners
$32.5M Product liability settlements (12,000 homes) with defective windows
$26M Building envelope, roof, drainage, and window product (200 residential, 4 commercial)
$25M Structural defect and moisture intrusion lawsuit (86 units)
$24.3M Moisture intrusion, expansive soil, construction defect settlement (320 units)
$18M Moisture intrusion, construction defect settlement (56 units)
12 years of se[lements & verdicts
$17M Building envelope, grading and drainage, concrete, roof, and window product (259 units)
$13M Leaking siding and artificial stone veneer, expansive soil, construction defect (282 units)
$12M Construction defect (104 units)
$12M Structural defect and moisture barrier (98 units)
$11.7M Construction defect (84 units)
$11.7M Negligent construction, negligent misrepresentation, breach of implied warranty, breach of fiduciary duty claims, moisture intrusion, and other construction defect claims
$10M Windows, brick veneer, balconies, and roof (265 units)
12 years of se[lements & verdicts $8.8M Flooring system defect settlement (30 homes)
$8.3M Defective building envelope, window installation, drainage, structural
support (206 units)
$7.5M Construction defect (24 units)
$7.35M Construction defect and faulty windows (57 units) $6.85M Construction defect settlement (136 units)
$6.2M Jury verdict and judgment – dipping bedrock (undisclosed number
of units) $6.1M Bad stucco, construction defect (126 single family homes)
$5.3M Moisture envelope, EFIS, structural defect settlement (48 units)
FoundaTon failures
• Expansive soils • Hydro-‐collapsible soils • Slope failures • Improper compacTon
Life, health, safety issues
Water infiltraTon
• EIFS/Stucco • Flashing errors • Window product failures • Mulled windows • Leaking • CondensaTon
Grading and drainage • Improper grading adjacent to structure
• Failure to design for 50-‐100 year storm criteria
• Perimeter drain installaTon errors
Exterior cladding failures
• Fiber cement siding • EIFS • DAFS • Stucco
Untapped potential
• Problems jurors can touch, see and understand.
“WOW” factor
Jurors idenTfy with homeowners in CD cases
• Largest single investment most people make • Developers have a poor reputaTon in the community
Complex liTgaTon
• These cases are not for the novice
• Builders, developers, and insurance companies strategize to win
Typical cost burden
Cost advance Two years to Specific skill
Heavy resource commitment
Challenging legal issues: Proof -‐ ExtrapolaTon Economic Loss Rule Statues of LimitaTon & Repose Standing issues Insurance coverage issues Avoiding arbitraTon Adhesion contracts -‐ waivers
We wrote the book on construcTon defect cases
Create a successful CD case template
How do you get these cases?
Who do you know? – MulT-‐family complexes – Condos – Townhomes – Commercial structures
PlainTffs construcTon defect case success rate
100%
Thank you
Kerry N. Jardine, Esq. Managing Shareholder