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Page 464 DEFENSE COUNSEL JOURNAL–October 2012damage multiplier is a solution that hasyet to be fully explored and may holdfuture potential in helping courts andcounsel develop an economical andefficient resolution of unpredictablepunitive damage awards that withstandsconstitutional scrutiny.
Raising The Roof: What’s Hot In ConstructionDefect LitigationBy Kathleen J. Maus,Julius F. “Rick” Parker IIIand Michael HamiltonTHE PERIOD spanning from the mid-1990's to the crash of the real estatemarket in 2007 saw an unprecedentedexplosion of new construction throughoutthe United States, particularly in the SunBelt. As with any boom, the frenzy ofever-increasing real estate prices temptedmany of the players involved to cutcorners and increase profits. Thus, theterm “value engineering” took on a newmeaning in the construction field. Thebasic tenet of “value engineering” is toincrease the ratio of function to cost. Thiscan be done either by increasingfunctionality or decreasing cost. The fastbuck artists chose the latter with obviousconsequences.Unfortunately for the purchasers of“value engineered” projects, the reductionof cost generally resulted in a decrease infunction. However, the decreasedfunction generally did not make itselfevident until years after the developer hadpacked up and left town. Just likeSylvester McMonkey McBean in Dr.Seuss’s The Sneetches, “... when everylast cent of their money was spent, [t]hefix-it-up Chappie packed up. And hewent.” 1 Years after construction wascompleted, owners of properties, riddledwith defects, sued the developer, builderand /or subcontractor(s) to recover the1THEODOR S. GEISEL, THE SNEETCHES,(Random House, 1961).Kathleen Maus is apartner with ButlerPappas Weihmuller KatzCraig LLP, having joinedthe firm in 1991. JuliusF. “Rick” Parker III is asenior associate with thefirm, having joined the firm in 2004. Ms.Maus and Mr. Parkerboth practice in thefirm’s Tallahasseeoffice and focus theirpractices on first andthirdpartyextracontractuallitigation defense,casualty litigation and first and thirdpartycoverage matters. Ms. Maus serveson IADC’s Board of Directors. She alsoserves on DRI’s Insurance LawCommittee Steering Committee and is apast member of DRI’s Board of Directors.Michael Hamiltonchairs Nelson, Levine,de Luca & Hamilton'sNational InsuranceCoverage Group. Heconcentrates hispractice in the areas ofinsurance coveragedisputes, bad faith defense andcommercial litigation. Mr. Hamilton is amember of DRI, the IADC, thePennsylvania Bar Association, the NewJersey Bar Association, Insurance LawSection, the American Bar Association,Tort and Insurance Practice Sections, thePennsylvania Defense Institute, and thePhiladelphia Association of DefenseCounsel.
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The Global Supply Chain: Understand
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