Litigation Support & Expert Witness

  • “Liberty makes the complex simple.”

    Construction Attorney

Litigation Support

Liberty’s focus on primarily moisture-related building problems for over 30 years has given our firm a depth of understanding that allows us to simplify even the most complex cases before juries who often have very little design or construction background.

For example, in the Martin County Courthouse case, a moisture and mold problem that evacuated the buildings could be traced to a number of complex building envelope and HVAC factors. Liberty experts were instrumental in communicating these complicated findings to the jury in an understandable way, resulting in an award of over $24M paid by the General Contractor (to this day, the largest claim ever paid by a subcontractor).

Similarly, the Hilton Kalia Tower represents one of the largest mold and moisture hotel problems in history, at a cost of $60M. Liberty shed light on the complex, inter-related issues that caused the building failures, tracing them directly to a unique set of decisions by the design and construction team. This allowed Hilton to recover claims from multiple parties, including architects, builders, and Hilton’s own insurance company.

One of the more difficult construction litigation matters is that which stems from a product failure: a misapplication, inherent defect, or incompatibility with other products. Although these kinds of case are difficult to communicate understandably to the judge or jury, Liberty’s experts have successfully done so for over $100M in claims such as:

  • Problematic chilled water piping insulation in a 35-story office building
  • Failed CPVC piping in a 52-story condominium
  • New green ductwork mastic failure in Virginia ($1.5M)

 

Expert Witness

The Liberty team is often sought after to serve as expert witnesses in direct litigation support of claims. We have a proven track record of achieving successful recovery and defense.

Examples of our recovery experience include:

  • Over $24M+ from various parties involved with the Martin County Courthouse, FL in costs related to building envelope and HVAC problems in an 8-week trial involving a dozen defendants
  • $6.25M (95% of repair costs) in a multi-family housing project that required nearly complete building envelope replacement during mediation and before any depositions had been taken
  • Over $2M on behalf of a penthouse owner against the HOA for roof leaks

Examples of our successful defense include:

  • Avoiding a multi-million dollar claim against Hawaiian Dredging Construction Company (Dillingham division) in a building claim associated with the $750M Hyatt Waikoloa Resort. Liberty experts used compelling visualization to make the problem understandable to the arbitrators.
  • Defending a $20M claim against our client, a masonry contractor, in an 8-story building in Charleston, SC, in which the entire building envelope was replaced. Liberty experts predicted the problem would return and when it did, we proved the HVAC system was at fault, not the masonry contractor. Our client paid $250K.

 

  • “Having a Liberty expert testify was like bringing a gun to a knife fight.”

    Construction Attorney from Atlanta
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