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STRIKE BACK!
"Sulfate
Attack"
lawsuits from deep-pocketed law firms can be stopped. Goliath firms are
attacking the construction industry with sword, spear and javelin but
it’s all just “junk science.”
For next
class, contact NRMCA's
Bob Sullivan, 1-888-846-7622 x1148 or by
e-mail,
rsullivan@nrmca.org.
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NRMCA Publications
Junk Science:
Some estimates indicate that more than $1 billion have
changed hands in settlements and verdicts principally based on
allegations of “sulfate attack” in concrete foundations. Sulfate attack
suits are often based on dubious and inappropriate tests that have no
basis in accepted science. In fact, plaintiffs’ expert witnesses using
their own test methods have been unable to tell the difference between a
concrete sample and a Tums tablet!
Big Money Claims:
However, confronted with
these highly complex suits, the enormous defense costs and the
uncertainty of trial, businesses have been inclined to settle. With
hundreds of millions of dollars at stake, sulfate attack litigation
continues to thrive. New sulfate attack cases are currently being filed
in Arizona, which one plaintiffs’ attorney has referred to as the
“promised land.”
Don’t
be intimidated! The
recent decision in the case of
Castron v.
Fieldstone Pacific is
the sling and stone you need to
cut down the opposition. The NRMCA/ARPA
Castron
seminar will provide valuable insight into the tactics used by
plaintiff’s attorneys – and how the testimony of their “experts” can be
debunked.
Expert Legal Advice:
The one-day
Castron
Sulfate
Attack seminar will be taught by
Mr. William J. Ingalsbe, a senior litigator with the Los Angeles law
firm of Monteleone & McCrory. Mr. Ingalsbe was the defense trial
attorney in the
Castron
case, in which he not only successfully
prevented the use of “junk science” by plaintiffs in the first phase of
the case, but then later obtained a complete defense verdict for the
concrete supplier in the second phase on the specific merits of the
Castron
case. Over the past eleven years, Mr. Ingalsbe has actively represented
concrete suppliers in major sulfate and mold litigation in the
California courts and participated in the first sulfate trial in
California.
Expert Technical Advice:
Mr. Ingalsbe will be joined by Mr.
Geoffrey Hichborn, Sr., PE., a civil engineer with over 25 years of
experience in forensic evaluation of cement and concrete materials. Mr.
Hichborn is the principal of Hichborn Consulting Group in Orange,
California which evaluates the design, installation, performance and
repair of concrete and related materials of construction. Mr. Hichborn
provides expert testimony in construction litigation and expert
consultation for concrete evaluations and repairs. Mr. Hichborn is a
long time member and fellow of ACI (including subcommittees
201-Durability, 225-Cement, RCC-Responsibilities in Concrete
Construction, and 552-Geotechnical Grouting) and ASTM, (including
various subcommittees of Committees
C-1 Cement,
and C-9,
Concrete)
and maintains membership in ASCE, ICRI, SEA, SEAOSC, PCMAC, PCI, ASCC,
PTI, and API.
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