CLM Presents The Complexities of Maneuvering Through a Commercial Catastrophic Loss Claim

Phelps partner Jay Sever joined the panel discussion "The Complexities of Maneuvering Through a Commercial Catastrophic Loss Claim" at the 2021 CLM Construction Conference. 

This panel urged attendees to consider the benefits controlling the narrative could have by engaging counsel and experts to retain vital evidence that might otherwise be destroyed during claimant’s remediation. Effective risk transfer is complicated when downstream contractors and their respective carriers refrain from participating until suit is filed and defense counsel is faced with weighing the benefits of issuing expert reports before claimant has presented the full scope of the claim. Defining the claim can be convoluted if the claimant continues to expand not only the alleged defects, but also the damages model, including delay claims and lost income. Additional wrinkles can occur when controlled insurance programs and builders’ risk are implicated. How the excess carrier engages may also make the difference between early resolution or heated and expensive litigation.