Forensic Architect Christopher D Ling, AIA Provided Lead Expert Testimony for the Plaintiff in a Multi-Million Dollar Jury Verdict in Landmark Construction Case
Jury finds National Developer's Subsidiary Liable for Breach of Contract and Violation of the New Jersey Consumer Fraud Act
CHESTER, NJ – ARCHforensic Owner and Forensic Architect, Christopher Ling was the lead expert testifying in a construction defect, architectural standard of care and building code classification case against a major building developer and their internationally known architect. The court qualified Mr. Ling as an expert in forensic architecture, architecture, cost estimating and construction administration/project management and he testified before a jury for several days at the Hudson County Courthouse. The jury relied on Mr. Ling’s testimony to award a $9 million verdict. With the finding of fraud, the ultimate recovery against all parties could exceed over $20 million.
ARCHforensic, LLC consulted for Becht Engineering BT, Inc. regarding the forensic architecture component of the litigation. ARCHforensic and Becht performed test cuts, analysis, code review, cost estimating and expert report writing for the plaintiff.
According to Mr. Ling, “This case changes the paradigm on how condominium claims will be analyzed, tested and litigated. The significance of the jury’s findings will also impact the way developers produce, contractors build, and architects design, condominiums.”
This construction claim arose from an improperly designed six-story, 132-unit condominium building in New Jersey. The building was designed and submitted to the town as a non-combustible building type.
At the conclusion of a six-week trial, the jury agreed with the plaintiff and determined that after the developer learned the building was being improperly constructed with plywood, the developer chose to continue construction. The Architect sought to reclassify the building type to a mix of combustible and non- combustible, but the jury found that the reclassification was never approved by the local code officials.
Moreover, the verdict included a $3 million finding against the developer but the damages are tripled (also known as treble damages) for violation of the New Jersey Consumer Fraud Act, which entitles the plaintiff to recover attorneys’ fees, triple damages and prejudgment interest.
The ultimate recovery against all parties, including the project architect and geotechnical engineer, could exceed $20 million.
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June 20, 2017
Lawyer-Monthly Magazine Features Forensic Architect Christopher D. Ling, AIA and ARCHforensic in the June 2017 Issue
CHESTER, NJ - ARCHforensic's Christopher D. Ling, AIA and co-speaker Martin Cabalar, Esq. of Becker & Poliakoff led a discussion about "Construction Defects, Piercing the Corporate Veil and Fraud" before the NJ State Bar Association on November 8, 2017. This seminar referenced the landmark case, Grandview at Riverwalk Port Imperial Condominium Association v. K. Hovnanian at Port Imperial, where Mr. Ling was the lead expert. According to Mr. Ling, "This seminar was well-received and well-attended. There were a lot of good questions that drove a lengthy discussion about the paradigm shift in the way people develop condominiums in New Jersey. For more information about this case, please read article below.
in the News
Christopher D. Ling, AIA Lead Presentation at NJ State Bar Construction Law Section Seminar
Inside Edition Interviews Forensic Architect Christopher D. Ling Regarding Arena Safety Concerns
CHESTER, NJ - CBS Inside Edition interviewed ARCHforensic's Christopher D. Ling, AIA in a segment that aired on November 16, 2017 and focused on steep seating in arenas. To view the segment and read the corresponding article, please click on the following link: http://www.insideedition.com/steep-seat-hazards-have-arenas-created-danger-spectators-38186
CHESTER, NJ - Christopher D. Ling, AIA, Principal and Founder of ARCHForensic LLC was recently featured in an interview with the editor of Lawyer-Monthly Magazine. Check out Mr. Ling's perspective on the evolving fields of Forensic Architecture and Construction Litigation in the United States. To read the article, please click on the following: https://www.lawyer-monthly.com/issue/issue-06-2017/#74
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