In the current plaintiff-friendly environment, defense counsel enter the case after the damage is done: after the structure is defectively built, after it has suffered years of problems, and after the complaint has been filed. At this point in the litigation process, the best defense a counsel can hope for is to minimize the pay out by the developer and/or the insurer for the project.
The defense lawyer often finds his or her effectiveness limited by faulty contracts, poor recordkeeping, and construction defects that were not adequately addressed or were just covered up. Disputes develop into a lengthy exercise in finger-pointing and jockeying for a piece of the settlement pie. Clients lose money and time that they could be devoting to new development projects. Defense lawyers make money, but are frustrated by the limits on their ability to provide efficient and cost-effective service to their clients. The only parties who actually benefit are the plaintiffs attorneys and their experts.
By reverse engineering the litigation process, StructuredRisk™ heads off the kinds of problems that can develop into construction defect litigation and applies best practices to all phases of the construction process. If litigation does develop, StructuredRisk™ proprietary software allows instant access to necessary documents, shortcutting expensive discovery document preparation and eliminating nuisance settlements that might previously been based on inadequate record-keeping.
Law firms that partner with StructuredRisk™ begin working with clients at the beginning of the construction process and are able to assist clients in the planning and implementation of a successful project. Instead of reacting to problems as they arise, law firms who work with StructuredRisk™ clients become important advisers and business partners, playing an important role in the profitability and overall success of the enterprise.