The Construction Defect Litigation Podcast

Chris Rhody
  • 5.0 (1)
  • Education
  • Biweekly

Insights from experienced litigators, experts and industry professionals on the real issues driving construction defect claims today. The show is hosted by Chris Rhody, whose 29-year career was exclusively as a construction defect trial attorney, handling hundreds of cases for both defendants and plaintiffs. Chris now has a mediation practice devoted solely to CD cases.

  1. 4d ago

    Mediating Large Construction Defect Cases

    Mediating Large Construction Defect Cases: Strategies for Resolving Disputes With Dozens of Parties and Insurers Large construction defect cases present unique challenges for settlement. With multiple owners, developers, general contractors, subcontractors, design professionals, attorneys, insurance carriers, and coverage counsel involved, mediation can quickly become a complex exercise in coordinating competing interests, evaluating liability, and navigating insurance coverage. In this episode, host Chris Rhody sits down with Stephanie Chesney, a 20-year litigation veteran, co-chair of the Strategic Risk & Complex Litigation practice in the Global Insurance Department at Cozen O’Connor, and vice office managing partner of the firm’s Boston office, to discuss strategies for successfully mediating large construction defect disputes. Stephanie shares practical insights on when to mediate, how to prepare clients and insurers, and how to turn seemingly insurmountable disagreements over damages, liability, and available insurance into meaningful settlement opportunities. This episode covers: Why large construction defect mediations are so challenging: Managing multiple parties, competing liability theories, damages disputes, indemnity and contribution claims, and insurance coverage issues. When to mediate: Why early mediation can save time and expense, and how to determine whether the parties have enough information to negotiate productively. Preparing for mediation: Coordinating discovery, evaluating claims, engaging clients and carriers, and developing a realistic settlement strategy before mediation day. Evaluating damages: Breaking down competing repair estimates, identifying disputed costs, and addressing betterment, soft costs, and other factors that affect settlement value. Navigating complex insurance programs: Understanding multiple carriers, policy limits, additional insured coverage, reservations of rights, exclusions, defense-cost erosion, and excess coverage. Securing settlement authority: Why advance preparation and clear communication with clients, claims professionals, and coverage counsel are essential to avoiding costly delays. Choosing the right mediator: The importance of construction defect litigation experience and a practical understanding of insurance-related obstacles. Breaking through an impasse: Exploring creative approaches to stalled negotiations, including partial settlements, coverage discussions, and alternative settlement structures. Settling around non-cooperative parties: Evaluating contribution, indemnity, releases, allocation, additional insured rights, and the procedural consequences of partial resolutions. Learning from unsuccessful mediations: How even an unresolved mediation can narrow the issues, reduce the number of parties, and lay the groundwork for a future settlement. Stephanie also shares common mistakes lawyers make in large construction defect mediations, from misunderstanding available insurance to failing to prepare clients for compromise, and explains why focusing on solutions rather than arguments over fault can make all the difference. Whether you represent owners, contractors, subcontractors, design professionals, or insurers, this episode offers practical guidance for navigating the complexity of multi-party construction defect disputes and improving the prospects for resolution. Please be sure to follow, rate and review the show on your favorite podcast provider.  And, if you have any questions or comments, please email chris@constructiondefectmediation.com. Follow on LinkedIn: ⁠⁠⁠⁠www.linkedin.com/in/chris-rhody-443aa3432⁠⁠⁠⁠ Follow on Instagram: ⁠⁠⁠⁠https://www.instagram.com/cdlitigation_pod⁠

  2. Oct 19

    Building Envelope Failures: The Most Litigated Defects

    Forensic architect Chris Ling joins the show to talk about building envelope defects.  Chris is the National Lead for Forensics at Vertex.  He has written reports in more than 1,500 construction cases, amounting to $2 Billion in claims. The show details the most common BE defects, including window, roof, balcony/deck and cladding issues. It also covers how these defects are investigated, and how to prevent them from becoming issues in the first place. Please be sure to follow, rate and review the show on your favorite podcast provider.  And, if you have any questions or comments, please email chris@constructiondefectmediation.com. Follow on LinkedIn: ⁠⁠⁠www.linkedin.com/in/chris-rhody-443aa3432⁠⁠⁠ Follow on Instagram: ⁠⁠⁠https://www.instagram.com/cdlitigation_pod⁠

  3. Oct 5

    Your Case’s Most Important Document: The Mediation Brief

    There’s only one piece of persuasive writing you’re going to need in virtually every CD case — a mediation brief. It’s arguably the most important lawyer-generated document in the case.  You may never need a motion for summary judgment or a trial brief.  But you're going to need a mediation brief. And if it helps get the case settled, you’ve saved your client — and your client’s carriers depending on what side you’re on — potentially hundreds of thousands of dollars in no-longer-needed discovery and trial costs.  More importantly, the brief is the essential tool in securing the best possible settlement terms for your client. So today we're going to discuss drafting an effective mediation brief. We'll address audience, tone, content and (possibly most importantly) why you shouldn't use AI to draft it. Please be sure to follow, rate and review the show on your favorite podcast provider.  And, if you have any questions or comments, please email chris@constructiondefectmediation.com. Follow on LinkedIn: ⁠⁠www.linkedin.com/in/chris-rhody-443aa3432⁠⁠ Follow on Instagram: ⁠⁠https://www.instagram.com/cdlitigation_pod⁠

  4. Sep 21

    Winning the Insured's Coverage Battle

    In construction defect litigation, insurance coverage shapes everything from defense strategy, to settlement, to who ultimately pays the claim. In this episode, host Chris Rhody and Clapp Moroney partner and 26-year veteran Matt Constantino break down the insurance coverage issues construction defect attorneys need to understand when addressing coverage in their cases. Topics include: Building the coverage record: The policies, endorsements and other documents counsel should collect immediately. When the right coverage was never purchased: What happens when an insured discovers that its policy contains an exclusion or limitation that creates a coverage gap. Completed operations coverage: Why coverage for completed work is central to construction defect claims. Timing and the trigger of coverage: The critical dates counsel should identify when analyzing which policies may respond. The “your work” exclusion: How insurers use the exclusion and when coverage may nevertheless apply. Defective work vs. resulting damage: The important distinction between the cost of repairing defective work and covered damage that results from it. Additional insured coverage: Common surprises involving certificates of insurance, endorsements, scope of coverage, and completed operations. Reservation-of-rights letters: How defense counsel should respond when an insurer agrees to defend but reserves broadly. A coverage playbook: Practical first steps for defense attorneys handling a new construction defect case. Please be sure to follow, rate and review the show on your favorite podcast provider.  And, if you have any questions or comments, please email chris@constructiondefectmediation.com. Follow on LinkedIn: ⁠www.linkedin.com/in/chris-rhody-443aa3432⁠ Follow on Instagram: ⁠https://www.instagram.com/cdlitigation_pod⁠

  5. Sep 7

    Litigating Multi-Party Construction Defect Cases

    Construction defect litigation rarely involves just two parties. Owners, developers, general contractors, subcontractors, design professionals, insurers, and product manufacturers may all play a role. In this episode, Kahana Feld’s Construction Defect Practice Group Chair Ivette Kincaid and senior associate Thomas McCarrick join host Chris Rhody to discuss the challenges of litigating multi-party construction defect cases. Drawing on their experience, they explore practical strategies for managing complex litigation, coordinating among numerous stakeholders, and positioning cases for successful resolution. The conversation covers topics including: 1) Identifying the key players and understanding how claims develop in multi-party litigation;  2) Working effectively with experts to evaluate construction defects, causation, and damages;  3) Common procedural challenges, including scheduling, document management, and depositions; and  4) Lessons learned from litigating complex construction defect matters and how thoughtful case management can improve outcomes. Please be sure to follow, rate and review the show on your favorite podcast provider.  And, if you have any questions or comments, please email chris@constructiondefectmediation.com. Follow on LinkedIn: www.linkedin.com/in/chris-rhody-443aa3432 Follow on Instagram: https://www.instagram.com/cdlitigation_pod

  6. Aug 24

    Construction Defect Jury Trials

    Many construction defect cases settle before reaching a courtroom, but those that go to trial present a unique challenge: explaining highly technical construction issues to jurors with no construction background. Success often depends not on who has the most complex expert analysis, but on who can tell the clearest, most credible story. In this episode, host Chris Rhody welcomes veteran construction defect defense attorney David Salazar of Cole, Scott & Kissane to discuss how lawyers can translate complex building-related concepts into persuasive trial themes. They explore jury strategy, expert witness selection, cross-examination techniques, effective demonstratives and the practical lessons they've learned from trying high-stakes construction defect cases. Whether you're preparing for trial or looking to sharpen your litigation strategy, this conversation offers practical insights into presenting technical evidence in a way juries can understand and trust. Please be sure to follow, rate and review the show on your favorite podcast provider.  And, if you have any questions or comments, please email chris@constructiondefectmediation.com.

  7. Aug 10

    Building the Case: Selecting the Right Experts in Construction Defect Litigation

    In this episode, I sit down with Rick Seely a partner with Segal McCambridge Singer & Mahoney in Los Angeles to discuss selecting expert witnesses. Rick has over 30 years of experience handling complex construction defect cases. Expert witnesses play a pivotal role in the outcome of construction defect disputes. From forensic engineers and building envelope specialists to cost estimators and scheduling experts, we explore what separates a good expert from a great one—and how the right expert can strengthen credibility, simplify technical issues, and help drive favorable resolutions. This show explores: 1) The key qualities to look for when evaluating potential experts; 2) Why advocacy masquerading as expertise is a problem; 3) The importance of communication skills and jury appeal; 4) Strategies for preparing experts for deposition and trial; testimony 5) Why the best experts teach rather than lecture; 6) Red flags that may undermine an expert's credibility. Whether you're a construction defect attorney, claims professional, expert or construction professional, this episode provides valuable guidance on building the right expert team and maximizing its effectiveness in construction defect litigation. Subscribe, rate, and review the podcast to stay informed on the latest trends, strategies, and developments affecting construction defect litigation. And please send any questions or comments to chris@constructiondefectmediation.com.

  8. Jul 27

    High-Rise Construction Defect Litigation: Unique Challenges and Legal Strategies

    High-Rise construction defect cases are the most complex, high-dollar case types in our industry. They present unique challenges from design and construction issues to expert investigations and litigation strategy. In this episode, I sit down with 30+ year veteran construction defect attorney Joe Kaneda of Fenton, Grant, Kaneda & Litt. Joe and his firm have extensive experience handling high-rise construction defect cases. Joe shares practical insights on litigating these massive cases, from pre-claim investigation through trial or arbitration. Joe also gives us a look into likely the most complex and expensive high-rise case of all time: the Millennium Tower case in San Francisco. Joe and his firm represented the HOA there. Topics include: 1) Building the investigation; 2) Discovery strategy; 3) Arbitration/trial tactics; and 4) Presenting damages. If you are involved in, or may someday be involved in one of these complex actions, this episode is a must listen.

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Insights from experienced litigators, experts and industry professionals on the real issues driving construction defect claims today. The show is hosted by Chris Rhody, whose 29-year career was exclusively as a construction defect trial attorney, handling hundreds of cases for both defendants and plaintiffs. Chris now has a mediation practice devoted solely to CD cases.

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