WestCon Tribune

MAY 1999

MAY MEETING

AS AN EXPERT, HOW DO YOU GET PAID?

Presented by: Jonathan Bacon, Cullom, Burland, Bacon & Overpeck & Geoffrey Wood, Morton, Lulofs & Wood

In the beginning there was Clay, McCullough that is, and thereafter there was the organization. And the organization flourished. But there came to be a blight and the members were not being paid. As you know, many of the Westcon members are now devoting more time to construction forensic work. In a typical construction defect case, the experts' opinions are the key to early resolution. As a result, experts are now perceived as necessary evils (just behind attorneys) in moving a CD case from claim to actual settlement. In fact, in most cases, without the experts' opinions there is simply no basis to pay any money. Insurance companies, defense counsel, and to a lesser extent, private individuals, homeowners associations, and plaintiffs' counsel also rely upon experts to organize and investigate the issues. In larger cases, experts orchestrate the claims being made and respond thereto, as well as the efforts of experts from other disciplines and/or parties. The fees charged by the experts are now the subject of greater scrutiny than ever thought possible even five years ago.

The purpose of this presentation is to provide some insights on resolving the all-too-frequent problem of delayed payment and/or lack of full payment for your expert work.

Geoff Wood has over twenty-three years of experience in construction defect litigation, ranging from paralegal to partner in several premiere Bay Area defense firms. Jon Bacon has over fifteen years of experience in construction defect litigation, and currently represents one of the major window manufacturers as personal counsel. Together, these Westcon members have over 500 construction defect cases worth of experience.

The presentation and discussion will draw on their years of experience and their perception of the significant changes occurring in CD litigation as it affects experts. Some of the subjects discussed will include contract pointers for private, legal, and insurance clients, with an emphasis on how to keep the insurance companies happy enough to ensure full and prompt payment. Additional insides will be offered as to in-house (as opposed to out-house) policies of the insurance carriers, regarding their review and payment of expert bills. Members are encouraged to be prepared to discuss their own case histories in an open forum.

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