Structural deficiencies, construction failure claims, and building and roof collapses are some of the largest and most difficult subrogation claims to investigate, prove, and recover. However, they can also be some of the more profitable and rewarding. Immediate and thorough investigation and documentation of the cause and preserving appropriate evidence, are critical to subrogation success. Every minute lost in pursuing subrogation can devalue a recovery or greatly reduces the chances of success. MWL works with weather experts, engineers, hydrologists, soil professionals, architects, and other experts to painstakingly recreate and prove the cause of major catastrophic property losses. Gathering construction documents and prompt retention of the right experts is key to holding architects, engineers, general contractors, manufacturers, erection subcontractors, mechanical engineers, and building owners (other than the insured) responsible for major subrogation claims involving structural collapses and building/bridge failures.
MWL has been involved in subrogating and/or providing support and investigation expertise in the collapse of the Twin Towers on 9/11, the 2003 Chicago balcony collapse, the Indiana State Fair stage collapse, the 2013 Philadelphia building collapse, the Surfside Champlain Towers South Condominium collapse, and many others. In Florida, state law provides a civil cause of action to those who are damaged (including subrogated carriers) because of a person’s violation of the Florida Building Code and under the Florida Construction Defect Statute. MWL seeks out deficiencies in design, materials, construction, observation of construction, surveying, planning, repair alteration, supervision, remodeling, and building code violations. We obtain emergency court orders to halt demolition in order to unmask subrogation potential and third-party liability. We preserve the scene, preserve evidence, and preserve our clients’ subrogation rights. Turning back the claim clock through aggressive and thorough subrogation is no where as important as it is in construction and building collapse losses.
