Doby Consulting RM
High Exposure Dispute Analysis and Advocacy
We offer decades of experience in resolving disputes arising out of professional liability, human resource disputes, construction projects, and other hard to place specialty and surplus lines risk.
We frequently represent public and private entities, including engineering/professional liability and construction/contractors and material suppliers, property owners, developers, major equipment suppliers, sureties, media outlets and other players in disputes that principally stem from disagreements over how much each party is owed if a project shifts from its initial plan. The focus:
- Construction defect, Malpractice, EPLI and JPA exposures.
- Contract scope and change order issues.
- Delay, Cancellation, Notice, Prior Acts and Extended Reporting.
- Design and disclosure deficiencies.
- Disruption, business interruption and lost productivity.
- Breach, failure to meet performance standards and guarantees.
- Late completion or wrongful terminations.
- Post-operation defect warranty claims.
- Demands or threatened demands under school board mandate, bonds and guarantees.
We use court litigation, arbitration, adjudication and expert determination to protect our clients’ rights, but in addition we employ an analytical “win-win” approach to negotiations and mediations given loss sensitive relationships.
Production Projects and Captives
Our Arbitration, Energy, Environmental, and Complex Litigation experience provides invaluable insight on how to quickly generate contributions to global settlement plans. One such case or seminal claim involved coal powered generators, OSHA violations, severe injuries and the eventual collapse of the Crandall Canyon Mine (miners buried alive); An infamous tragedy and lesson on what not to do.
In this litigation, we were asked to do a comparative analysis of the potentially exposed or alleged policy forms, the nature of the construction defects, CERCLA and OSHA violations which adversely affected the performance, safety and environmental adequacy of the entire facility. It was our extensive coverage knowledge that allowed us to narrow down the true time on risk participants and help implement an enduring safety and claim program for a local Energy Provider, who shared an interest in the project and improved safety. These skills are invaluable to smaller surplus and specialty line claims.
Construction Defect litigation is changing and we will see more materials and equipment losses given the wide use of contract provision: Section 3.5.1 AIA A201 (1997) which provides that: “the contractor warrants to the owner and architect that materials and equipment furnished under the contract will be of good quality and new unless otherwise required or permitted by the contract documents, that the work will be free from defects not inherent in the quality required or permitted, and that the work will conform to the requirements of the contracted documents.
Complex Risk Focus
Risk is a normal part of business. How you manage that risk is a matter of choice. We choose to manage risk one exposure at a time.
Doby is not, nor do we strive to be, the typical 'cookbook' - driven - risk management consulting firm. We offer a unique, consultative, and focused approach to finding solutions for transferring or funding risk.