NAVIGATING CORROSION FAILURES IN CONSTRUCTION LITIGATION
Lance Luke
7/26/20251 min read
Corrosion failures can be caused by a variety of factors, including exposure to moisture, contact with chemicals, improper design or installation, and lack of maintenance. In construction litigation, corrosion failures can be complex and challenging cases. The parties involved may have different theories about the cause of the failure, and there may be a lack of clear evidence. In addition, corrosion failures can often involve multiple parties, such as the owner, contractor, engineer, and manufacturer.
Here are some key steps that can be taken to increase the chances of success in corrosion failures in construction litigation:
Gather evidence. The first step is to gather as much evidence as possible about the corrosion failure. This may include photographs, engineering reports, and expert testimony. The evidence should be gathered in a timely manner, as it may be lost or destroyed over time.
Identify the cause of the failure. Once the evidence has been gathered, it is important to identify the cause of the failure. This may involve conducting a thorough investigation, including interviewing witnesses and experts. The cause of the failure may be clear-cut, or it may be difficult to determine.
Assign liability. Once the cause of the failure has been identified, it is important to assign liability to the responsible parties. This may involve determining who had a duty to prevent the failure, and who breached that duty. In some cases, there may be multiple parties who are liable for the failure.
Seek damages. If the responsible parties are found liable, the next step is to seek damages. Damages may include the cost of repairs, lost profits, and other losses. In some cases, punitive damages may also be awarded.
Navigating corrosion failures in construction litigation can be a complex and challenging process. However, by following the steps outlined above, the parties involved can increase their chances of success.
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