After the initial construction dispute is settled, questions
regarding equitable contribution sometimes arise among the multiple
entities funding the defense and settlement costs. Whether the
underlying dispute arises from construction defects, contract
claims, personal injury, or product liability, subrogation suits
often follow high-dollar settlement agreements.
KGA Services
KGA is skilled at
analyzing and facilitating the equitable resolution of subrogation
claims. Because each analysis will vary according to the nature
of the underlying case, meticulous attention to key technical
issues that affect the legal aspects of the case is essential.
Our analyses typically involve the following steps:
• Contract
Analysis
Understanding the responsibilities of the main parties involved
provides the framework for the subsequent steps.
• Event
Chronology
A chronology of events is developed to reveal the interrelationship
of the various parties and to compare coverage periods.
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• Issue-Coded
Abstracts
Based on the identification of key issues, the development of
issue-coded abstracts of contracts, prior testimony, and other
documentation has proven to be instrumental in providing the historical
data required for evaluation.
• Database
Correlation
Issue-coded abstracts prepared by KGA are entered into database
programs that allow for comparison of various opinions on each
respective issue. The database also facilitates correlation of
opinions with facts.
• Defect
Cases
Where the underlying matter is a construction defect or product
liability case, KGA is experienced at distinguishing between static
and progressive defects, identifying resultant damages, and determining
dates of defect manifestation.
• Testimony
KGA has successfully testified on numerous subrogation matters
and appreciates the special demands for authorative information
by counsel. |
