What a Negligence Allegation Asks
A negligence claim against a contractor generally asks whether the contractor failed to exercise the care expected of a reasonable contractor under similar circumstances, and whether that failure caused the harm claimed. The legal elements are for counsel and the court. What an expert can provide is a clear, evidence-based description of the contractor's conduct and how it compares with the requirements and practices that applied.
Not Every Problem Is Negligence
Construction problems have many possible causes: design issues, owner decisions, unforeseen site conditions, product failures, subcontractor errors, weather, and normal variation in construction. A defect in the work does not by itself establish that the contractor was negligent, and a code issue does not automatically mean the contractor acted unreasonably. The particular contract, the adopted code, the timing and the site circumstances all matter.
Paul evaluates the specific conduct at issue rather than working backward from the problem to a conclusion. Where the evidence shows the contractor acted reasonably, his report says so.
How Conduct Is Evaluated
- Identify the conduct at issueWhat act or omission is alleged, by whom, and when.
- Identify the requirementsThe contract terms, regulations and recognized practice that applied to that conduct.
- Reconstruct the information availableWhat the contractor knew or reasonably should have known at the time.
- Review the evidence of conductDaily reports, minutes, correspondence, photographs and testimony.
- Compare and explainHow the conduct compares with each requirement, and the basis for that comparison.
Personal Injury and Property Damage Claims
Contractor negligence allegations arise in property damage cases, such as water damage attributed to installation or protection practices, and in claims involving injuries on or near construction work. Paul's experience includes OSHA 30-Hour Construction training and decades of supervising work in occupied public facilities. He evaluates jobsite practices, protection of the public and completed work, and contractor coordination. He does not offer medical or biomechanical opinions.
Working for Either Side
Paul has been retained by plaintiffs and defendants. For a claimant, a well-founded conduct evaluation identifies the specific practices that fell short and the records that show it. For a contractor, it identifies where the contractor acted consistently with its obligations and where the allegation rests on hindsight or on responsibilities assigned to others. See contractor standard of care for the framework he applies.