Construction: Representation on a Leakage Evaluation Case


Live Broadcast on November 7, 2017

The objective of the seminar is to gain a “big picture” understanding of how professionals should be gathering, analyzing and using building performance data to evaluate water leakage. The participants will learn about the ASTM and AASM, most particularly the ASTM E2128. CLE participants will specifically learn why the ASTM E2128 is considered the best industry practice when using a scientific approach to determine and evaluate the cause of water leakage.

This seminar will provide practical water intrusion examples and comparisons to demonstrate how the ASTM and AASM work in conjunction with each other to provide a solution framework for the experts in defining the investigative technique necessary to determine the cause(s) of a leak. Lastly, the seminar will delve into the some of the preliminary practices and understandings necessary to pursue and defend a water leakage litigation case.

This course is co-sponsored by Wolters Kluwer.

Date / Time: November 7, 2017

•  2:00 pm – 4:00 pm Eastern
•  1:00 pm – 3:00 pm Central
•  12:00 pm – 2:00 pm Mountain
•  11:00 am – 1:00 pm Pacific

Choose a format:

•  Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•  On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.


Kelly Davis, Esq.

Few construction lawyers have the first-hand experience to understand fully the complex issues that their clients face. When Kelly Davis was a child, her father started a small residential construction business, and there began Kelly’s love of construction. She was the little girl that would be running all around the construction projects. Over the years, her father’s business grew into developing commercial buildings, and high-end residential homes. As a result, Kelly has grown up, worked in and lived around the construction industry her entire life.

After opening her own General Litigation firm, Kelly’s litigation practice naturally progressed into primarily a construction litigation and real estate practice. She represents clients from all segments of the construction industry in all types of construction disputes, including delay and labor impact claims, defective work claims, performance and payment bond, breach of contract, breach of warranty, and mechanic’s and materialman’s lien foreclosure claims. Kelly also assists her clients by handling corporate formation and other corporate issues, reviewing and drafting contracts for their businesses, and perfecting lien and bond rights. She is a frequent speaker to professionals on construction law topics.

Kelly Davis was born and raised in Lewisville, Texas. After obtaining her Bachelor of Arts degree, she attended the Master’s program at Texas State University Legal Studies, which was the first of its kind in the State of Texas and still one of only a select few in the United States. Afterwards, she obtained her Doctor of Jurisprudence degree from St. Mary’s University School of Law in San Antonio, Texas. After receiving her Juris Doctorate Degree, Kelly returned to the Lewisville area and now provides services to her clients throughout Texas.

CLE Accreditation:
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CLE 2.00 – AK
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CLE 2.00 – ID
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CLE 2.00 – IN
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CLE 2.00 – KY
CLE 2.00 – LA
CLE 2.00 – ME
CLE 2.00 – MN
CLE 2.40 – MO

CLE 2.00 – MP
CLE 2.00 – MS
CLE 2.00 – MT
CLE 2.00 – NC
CLE 2.00 – ND
CLE 2.00 – NE
CLE 2.00 – NH
CLE 2.40 – NJ
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CLE 2.40 – NY
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CLE 2.00 – PR
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CLE 2.00 – TX

CLE 2.00 – UT
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CLE 2.00 – VT
CLE 2.00 – WA
CLE 2.40 – WI
CLE 2.40 – WV
CLE 2.00 – WY

Accreditation Policy
myLawCLE will seek credit where attending attorneys are primarily licensed for all of its live webinars and live teleconferences, except in states which allow for reciprocity (see reciprocity section below). Credit for CLE in a self-study format is sought for in most states; however, some states do not allow for CLE credit to be earned in a self-study format (see the self-study section below). Many states typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program. Credit hours granted are subject to approval from each state.

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On-demand CLE
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Section I. What is water leakage, examples of sources of such moisture, and methods of preventing such water intrusion in residential and commercial buildings

Section II. What is the ASTM and AASM?

Section III. Specifics on ASTM E2128 and how it sets the standard for building leakage evaluation and provides the best industry practices for determining and evaluating causes of water leakage

Section IV. Why use of the ASTM and AASM are the essential “scientific approach” to uncovering building performance problems

Section V. Use of water intrusion experts in your construction defect case

Section VI. Latent Defect and Statute of Limitation arguments

Section VII. Causes of action relevant to Owners and General Contractors in water intrusion construction defect cases