When the Question Is Conduct, Not Just a Defect
Not every construction dispute is about a physical defect. Many turn on how the contractor ran the job. Was there a qualified superintendent on site? Were subcontractors coordinated and their work checked before it was covered? Were problems recorded and corrected? Were changes documented? Did the contractor do what a reasonable contractor in its position would have done with the information it had?
Those are questions about contractor practices, and they call for an expert who has run construction work. Paul has done so as a lead carpenter and foreman, as a project manager and superintendent, as a City of Chicago construction supervisor, and since 2007 as a General Foreman for the Chicago Department of Aviation at O'Hare International Airport, directing more than 25 skilled trades.
Standard of Care in Its Proper Context
The phrase standard of care is used loosely in construction disputes. In its legal sense, it describes the conduct expected of a reasonably careful contractor under similar circumstances, and its precise meaning depends on the jurisdiction and the claim. It is not a single universal construction rule, and it is not the same thing as a contract requirement, a building code provision or an industry practice, although each of those can inform it.
Paul keeps those categories distinct. His opinions describe what the contract required, what applicable regulations required, what recognized contractor practice was, and how the contractor's conduct compares with each. Whether that conduct satisfies a legal duty is for counsel to argue and the court to decide. The contractor standard of care page explains this in more detail.
Matters Paul Is Retained On
- Allegations that a general contractor failed to supervise or coordinate subcontractors
- Contractor negligence claims arising from construction work
- Disputes over general contractor responsibilities for safety, quality and documentation
- Quality control and inspection practices before work is covered or accepted
- Contractor performance disputes, terminations and backcharges
- Owner, general contractor and subcontractor allocation of responsibility
Who Retains Paul
Paul is retained by attorneys for owners, general contractors, subcontractors, construction managers and insurers, on both the plaintiff and defense side. Insurance professionals use his review to understand how contractor practices relate to a loss. Property owners can contact him for an initial conversation about a contractor's conduct, and he will recommend involving counsel where litigation is likely.
He is not an engineer or architect and does not offer design professional standard of care opinions. His opinions concern how contractors plan, supervise, coordinate, inspect, document and correct construction work.
Evidence-Based, Without Predetermined Conclusions
A contractor conduct opinion is only as strong as the record behind it. Paul reviews the contracts, schedules, daily reports, meeting minutes, inspection records, RFIs, change orders and correspondence, and where relevant the work itself, before forming a view. He reports what the evidence shows about the contractor's practices, including where those practices were reasonable.
To begin, send a conflict check request, download Paul's CV or review the engagement fees.
Owner, Contractor and Subcontractor Relationships
Many contractor disputes are really disputes about who was responsible for what. The owner, through its design team, is usually responsible for the design. The general contractor is usually responsible for construction means and methods, coordination and the overall quality of the work. Subcontractors are usually responsible for their own scopes. But every project's contracts allocate these responsibilities differently, and design-build, construction management and owner-direct arrangements change them again.
Paul starts with the contracts. He identifies which party held each responsibility, then evaluates how that party carried it out. His responsibility matrix gives counsel a clear picture of the allocation on the project, which is often the most useful thing an expert can provide early in a case.
Insurance and Coverage Matters
Insurers and coverage counsel retain Paul to understand how a contractor's practices relate to a loss: whether protection of completed work was in place, whether work was inspected before it was covered, and whether a condition reflects the contractor's work or another cause. His findings describe the facts of the contractor's conduct; coverage decisions remain with the insurer and its counsel.