Anatomy of a Construction Defect Lawsuit

(183 Ratings)

Produced on: February 08, 2018

Course Format On Demand Audio

Taught by


Course Description

Time 93 minutes
Difficulty Intermediate

The field of construction defect litigation is constantly evolving as new perspectives on liability emerge and change the landscape for owners, general contractors, and design professionals. This course, presented by Ellen Greiper and Theodore Ucinski of Goldberg Segalla, LLP’s General Defense Practice Group and Diana Gerstenberger of AXIS, provides an overview of construction defect litigation, including updates on new trends and laws from experienced lawyers and claims professionals in the field.

The program will describe the elements of a construction defect lawsuit by expounding upon the definition of a defect, determining who your client is and how to protect them, the various causes of actions, appropriate defenses, and recoverable damages. The course also provides key terms to be aware of as you navigate the contractual aspect of construction defect disputes.  In addition, it will cover the insurance aspects of a construction defect claim - with considerations from a claims professional’s point of view.

In examining the framework of construction defect litigation from various professional groups, the presenters will also offer advice on how to navigate the complex field of construction defect disputes from litigation to mediation.

Learning Objectives:

  1. Grasp what makes construction defect litigation different than other areas of litigation and the common elements in these causes of action
  2. Identify your client in order to asses the particular considerations that are applicable
  3. Analyze the various causes of action that can be brought against your client
  4. Assess the applicable defenses and damages that may ensue
  5. Provide practical guidance to determine the right time to litigate and mediate
  6. Discuss the insurance aspects of construction defect disputes with insight from a claims professional


Ellen H. Greiper

Lewis Brisbois

Ellen Greiper has more than three decades of experience defending multi-party construction and construction defect cases in the state and federal courts of New York. An appointed arbitrator for the district courts in Nassau County, New York, Ellen — who also has extensive experience litigating high-exposure premises liability, Labor Law, and personal injury matters that arise from construction site accidents — is also a mediator for trial-ready cases in the Supreme Court of Nassau County. Ellen’s streamlined discovery techniques and proactive approach to complex litigation translates into effective and expedited solutions for clients.

A prolific author and frequent speaker on emerging issues in the construction industry, Ellen is also a member of a number of professional industry organizations. Those memberships include the Construction Specifications Institute, DRI’s Construction Defect Committee, and Professional Women in Construction, where she serves on the Board of Directors of its New York Chapter, the organization’s founding and largest arm.  In 2013, Ellen co-authored a comprehensive survey examining a cross-section of construction cases from around the country for Mealey’s Litigation Reports: Construction Defects. She is also the editor of the firm’s Labor Law Update, which examines the latest developments regarding New York’s Labor Law and construction site accidents.  

In 2016, Ellen was named an Achiever by the Long Island Center for Business and Professional Women, an annual honor bestowed by the organization on a select group of women who demonstrate extraordinary professional accomplishments and leadership. 

Diana Gerstberger

Axis Capital

Diana M. Gerstberger is a Senior Claims specialist at Axis Insurance located in Alpharetta, GA where she currently handles a variety of complex litigated claims including New York Labor Law, Products Liability, Premise Liability and Construction Defect matters. Ms. Gerstberger has over 17 years’ experience in the insurance industry as a claims adjuster and insurance defense counsel. She is the current Chair for the DRI Construction Law Section. Ms. Gerstberger is licensed to practice in California.

Theodore W. Ucinski III

Goldberg Segalla

Theodore W. Ucinski III is an experienced litigator in the state and federal courts of New York and New Jersey, and handles cases up to and including trial. Ted’s primary areas of practice include New York labor law, as well as multi-party construction defect litigation and high-exposure personal injury actions. Over the last 20 years, Ted has faced some of New York’s most skilled plaintiff labor law attorneys and successfully defended owners and contractors throughout New York against catastrophic claims.

Ted’s clients include the Port Authority of New York and New Jersey as well as major developers and owners with holdings throughout the five boroughs. As a result, Ted has come up against every conceivable claim brought under New York’s labor law and has dealt with multiple multimillion-dollar claims.

Due to Ted’s breath of knowledge and OSHA training, he is part of the firm’s OSHA rapid response team. Ted’s qualifications allow him access to construction and worksite accident scenes to conduct investigations within hours of an alleged injury. When litigation commences, Ted is able to rely on an in-depth understanding of the incident to create an effective defense strategy.

Ted is also a prolific writer and lecturer. He has frequently written articles for the New York Law Journal and spoken at the New York State Bar Association’s lecture series. 


Andrew S.

Complex subject well presented by the team

Carol M.

Enthusiastic and knowledgeable panelists

Robert B.

Really good.

Tim B.

Excellent presentation

Raymond K.

Overall presentation was well done

Chris R.

Interesting seminar. Goes illustrate that the way construction defect is viewed on the East Coast is quite different than how viewed on the West Coast.

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$ 89 Real Estate and Litigation In Stock


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