I recently did a presentation on the economic waste doctrine. It is an applicable doctrine dealing with construction defects and nonconforming work.  When it comes to construction defects and nonconforming work, EVERYTHING starts with your measure of damages.  How are you going to prove your damages?  Next, what evidence are you going to use to prove your damages?  Or, what are the defenses and how do you prove those defenses to a construction defect and nonconforming work claim including the economic waste doctrine?

If you are interested in learning more, the below presentation can shed detail.  However, don’t rely on the presentation in a vacuum.  Work with knowledgeable construction counsel (like me!) that can best position your case whether you are the one proving construction defects and nonconforming work or the one defending against such a claim. This way, if you are arguing economic waste, you are not just throwing it out there, but you are arguing it to actually mean it!

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Please contact David Adelstein at or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.