Construction Defect Claims
ROKEN investigates, analyzes and manages construction defect claims to assist insurance companies with cost-effective resolution. We combine our investigative skills, technical expertise and business experience with our working knowledge of insurance procedures, which provides our clients a valuable tool to resolve claims and mitigate loss.
Construction defects can typically be grouped into the following four major categories:
- Design Deficiencies
- Material Deficiencies
- Construction Deficiencies (Poor Quality or Substandard Workmanship)
- Subsurface / Geotechnical Problems
We design our project teams in response to each new project. Every team is composed of individuals whose backgrounds distinctly qualify them to address the specific issues, with a principal consultant serving as team leader. We prefer to identify liability and assess damages in the early stage of a claim but we are skilled at assisting with resolution at any stage of a claim.
ROKEN conducts visual inspections, interviews stakeholders and knowledgeable parties, obtains and reviews available documentation, and conducts testing, if required, to provide information that allows for effective coverage determinations. Our written report includes details of the cause and origin of the alleged defects, photographs that document actual conditions, and pertinent supporting documentation.
ROKEN documents current and past building code conformance, verifies manufacturer- recommended installation requirements and specifications, and reviews construction industry standards that are applicable to the work under investigation. We assess the alleged damages, and identify and quantify repairs, including preparation of detailed cost estimates. To facilitate solid coverage determinations by our client, we also investigate conditions associated with claimed damages to determine the following:
- Damage solely due to the insured’s own work
- Damage due to the work of others
- Damage to property of third persons
- Physical injury to tangible property
- Damage caused by insured’s work product
- Damage occurred within the policy period
- Isolated event not involving a progressive or deteriorating condition
- Insured owned the property during the policy period
- Claimant acquired the property after the policy period
If coverage is extended, ROKEN manages the claim through closure. On behalf of our client and their insured, we maintain communications with stakeholders, qualify contractors, assess and monitor corrective action, control costs, and recommend reserve estimates to the claim examiner. ROKEN provides periodic status reports to our client, that includes progress payment recommendations. Also, at the request of our client, we will directly negotiate the settlement of claims. Our work is designed to minimize costs and expedite closure. We are on-call 365-days a year and ready to rapidly respond, investigate and manage claims throughout the US and internationally.