CONSTRUCTION DEFECT /
ARCHITECT AND ENGINEERS ERRORS & OMISSIONS
DISPUTE RESOLUTION EXPERIENCE

Mr. Polsky has experience in construction dating back to his work for a general contractor in the 1970's. When he was a litigator, his firm represented both developers and subcontractors involved in construction defect claims. As a mediator, arbitrator and discovery referee, he has participated in the resolution of over 500 construction defect claims in California and Nevada. As a Special Master, Mr. Polsky designs cost effective investigation and settlement protocols designed to ameliorate the cost of litigation. These claims ranged from single-family homes to projects involving over 375 homes as well as large commercial projects, shopping centers, specialty buildings and condominium projects. His articles on the subject have been published in Bar journals and legal newspapers and Mr. Polsky has served as panel member or Chair on construction defect and mold panels for Mealeys, West Coast Casualty, ABA, BIA, CIAA and various other organizations nationwide. Mr. Polsky is a licensed real estate broker.

REPRESENTATIVE CONSTRUCTION DEFECT CASES HANDLED BY MR. POLSKY

• Negligent condominium conversion due to failure to remediate termites resulting in $3 mm in roof, rafter, and framing damage. Defense asserted failure of HOA to mitigate. (Settlement)
• Negligent soils preparation incidental to sale of raw land followed by separate action against different entities for construction defect and inadequate pre-pad soils re-placement/compaction incidental to construction of 20,000 sq. ft. biological testing laboratory. Significant biological sample contamination and EPA toxic waste and FDA regulation issues secondary to remediation. (Settlement $1.9 mm)
• Construction defect case involving 96-unit residential development. Allegations involved soils, roof failure, roof leaks, defective deck and stair coatings, landscape, plumbing and other problems. (Settlement $2.1 mm)
• Construction defect case involving design and construction of a commercial shopping center. (Settlement $3.3 mm)
• Land subsidence and construction defect in connection with manufactured housing/mobile home development. (Settlement $600 k)
• Numerous single-family home cases with attendant emotional overlay.
  Construction defect case involving 125 detached single-family homes. Defects included: expansive soils; improper compaction; slope degradation and drainage; roofing; electrical; plumbing and general architectural and structural defects. (Settlement $2.9 mm)
• Construction defect case involving high-rise luxury condominium building with defective exterior wall and waterproofing system. (Settlement)
• Construction defect case involving 380 single-family homes as well as multiple level soils, drainage, expansion and compaction problems. Involved over 30 insurers from around the world, numerous coverage, exhaustion and shortfall issues, and 75 legal representatives. (Aggregate settlement at $28.4 mm)
• International re-insurance fraud and improper placement of excess coverage. Claim involved evaluation of multiple re-insurance treaties.
• Bad faith and construction defect and negligent repair case involving damage to plaintiff's home secondary to Northridge earthquake. Repair contractor, recommended by insurer, allegedly performed negligent and substandard repairs. Insurer then refused to pay amounts needed to cure original damage plus damage caused by repair contractor. (Settlement of defective workmanship claim for $125 k)
• 274 single-family home construction defect case. Brought in after over 30 settlement conferences had been held with three prior mediators and the Court. (Settled in three sessions, using a specially designed settlement structure, for approx. $9.5 mm)

REPRESENTATIVE ARCHITECT AND ENGINEERS ERRORS & OMISSIONS CASES HANDLED BY MR. POLSKY

• Design and construction of municipal library. Error & omission vs. value added.
• Architectural errors and omissions involving highway pipeline project.
• Governmental liability for payment of fees in architect's errors and omissions claim secondary to construction of municipal library. Error & omission vs. value added. (Settlement $2.5 mm)
• Suit alleging negligent design and construction of municipal pool and water project in Nevada.
• Design and line of sight for concert hall. (Settlement $2.3 mm)

OTHER RELATED EXPERIENCE

Mr. Polsky is a sought after negotiation skills trainer and has lectured throughout the United States. He is an adjunct Professor of Law at the University of Southern California Law School, where he teaches a course he designed on ADR and negotiation, and at the Straus Institute for Dispute Resolution at Pepperdine University School of Law, where he teaches courses on mediation and arbitration in the LLM program. He has resolved thousands of complex commercial and serious injury disputes and was named one of the top 20 mediators and arbitrators in California by the Daily Journal. Local bar association annual reviews consistently give Mr. Polsky high marks for fairness as an arbitrator and tenacity and commitment as a mediator.