ADA Expert:Steven Schraibman
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The Daily Transcript San Diego’s Business Daily Monday, April 27, 2009 / Vol. 124, No. 83 ¬ www.sddt.com Reprinted by Permission | Copyright 2009 The San Diego Daily Transcript | www.sddt.com Close-up: Steve Schraibman Consultant uses broad expertise to assist in construction law cases By MONICA UNHOLD The Daily Transcript The opportunity to solve complex problems is what Steve Schraibman of Arcor Inc. Consulting loves about serving as an expert in construction lawsuits. As a registered architect, licensed contractor and certi- fied estimator, Schraibman comes at construction law from a variety of angles. He is one of only a handful of people in the country to hold all three con- struction industry-related degrees. His intimate knowl- edge of the industry allows him to better determine fault in defect and insurance cases. “I’ve laid tile; I’ve poured con- crete; I understand what goes into making something,” Schraibman said. Prior to moving to Southern California from his native South Africa, Schraibman pursued a career as an architect. He served as chief architect on the Workman’s Rehabilitation Hospital in Milpark, South Africa. Prior to completing his training as an architect, Schraibman flew T-6A Texan jets in the South African mili- tary. He is also an avid swimmer and once trained to go to the Olympic Games. It was the American Dream that brought Schraibman and his wife to the United States in 1994, he said. Schraibman wanted his children to have the opportunities that America could provide, he said. “Any country where someone can market the pet rock is a great one,” Schraibman said. After working for several dif- ferent contractors in Southern California, including his most recent post as a project manager at Gafcon Inc., Schraibman decide to strike out on his own in 2003 to assist in construction law cases. He serves in a variety of capacities on cases, working with attorneys to help deter- mine fault and the cost of fixing a defect, or coordinating the other expert witnesses. He works in such areas as construc- tion defects, code violations and workers’ compensation. “I think of myself as a musi- cian in an orchestra,” Schraibman said. “The attorney is the conductor. Sometimes I’m part of a chorus, other times it’s a solo act.” His career gives Schraibman a look into the trends in con- struction litigation. Lately he has seen a swell in numbers of disputes due to funding being stopped temporarily or perma- nently in the middle of projects. Such situations have become more common due to the reces- sion, he said. In the public sector, contrac- tors may seek recourse by filing insurance bond claims. In the private sector, contractors can lien the property for the amount owed but may struggle to secure timely payment. In addition to funding issues, Schraibman expects to see an increase in litigation stemming from the Americans with Disabilities Act (ADA). The leg- islation mandates that all busi- nesses must be handicapped accessible; however, accessibili- ty can often span as far away as the nearest bus stop and include walkways leading to the entrance of the building. The inclusion of such elements has made city governments and property owners, not previously subject to the legislation, vul- nerable to litigation. While ADA legislation is becoming an increasingly liti- gious matter, lawsuit partici- pants are somewhat limited. In order to sue for accessibility, a person must have suffered resulting discrimination, Schraibman said. “You cannot sue for ADA unless you are disabled,” he said. However, anyone can sue for storm water mitigation, he added. Storm water mitigation is another area in which Schraibman forsees a pending deluge of legal action. The Clean Water Act and Water Quality Control Act mandate that no navigable U.S. waterway be polluted. Yet the regulations extend to any body of water that eventually runs into a navigable waterway, including small lakes, creeks and even storm drains. Photo: J. Kat Woronowicz Steve Schraibman, a legal consultant in the construction industry, works with attorneys in a vari- ety of capacities in such areas as construction defects, code violations and workers’ compensa- tion. Under the regulations, city governments are responsible for issuing huge fines to those in violation. If they do not assess fines, city governments become accomplices under the law, Schraibman said. Under the leg- islation, city governments must also report their own violations and be consequently fined by the Environmental Protection Agency (EPA). Schraibman also sees the potential for an increase in construction defect lawsuits resulting from substandard building materials. Florida courts have seen an abundance of lawsuits stemming from a substandard drywall product manufactured in China. Within a short period of time, the material corroded pipes and electrical wiring present in the walls of new homes, Schraibman said. As a construction expert, such cases present opportuni- ties for Schraibman to use his experience to determine the cause, and ultimately the cost, of such defects. He enjoys utiliz- ing his various degrees and work experience to get to the bottom of a problem. “I always loved understand- ing how things worked,” Schraibman said. “And it’s really rewarding to use that to solve other people’s problems.” [email protected] Source Code: 20090427crad
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Steve Schraibman, an expert in ADA compliance and construction defect litigation believes Construction Risk Profiling™ should take place as early as possible so as to mitigate or prevent problems with ADA compliance and construction defects.
Transcript of ADA Expert:Steven Schraibman
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Monday, April 27, 2009 / Vol. 124, No. 83 ¬ www.sddt.com
Reprinted by Permission | Copyright 2009 The San Diego Daily Transcript | www.sddt.com
Close-up: Steve Schraibman
Consultant uses broad expertise to assist in construction law casesBByy MMOONNIICCAA UUNNHHOOLLDD
The Daily Transcript
The opportunity to solvecomplex problems is what SteveSchraibman of AArrccoorr IInncc..CCoonnssuullttiinngg loves about servingas an expert in constructionlawsuits.
As a registered architect,licensed contractor and certi-fied estimator, Schraibmancomes at construction law froma variety of angles. He is one ofonly a handful of people in thecountry to hold all three con-struction industry-relateddegrees. His intimate knowl-edge of the industry allows himto better determine fault indefect and insurance cases.
“I’ve laid tile; I’ve poured con-crete; I understand what goesinto making something,”Schraibman said.
Prior to moving to SouthernCalifornia from his native SouthAfrica, Schraibman pursued acareer as an architect. Heserved as chief architect on theWorkman’s RehabilitationHospital in Milpark, SouthAfrica. Prior to completing histraining as an architect,Schraibman flew T-6A Texanjets in the South African mili-tary. He is also an avid swimmerand once trained to go to theOlympic Games.
It was the American Dreamthat brought Schraibman andhis wife to the United States in1994, he said. Schraibmanwanted his children to have the
opportunities that Americacould provide, he said.
“Any country where someonecan market the pet rock is agreat one,” Schraibman said.
After working for several dif-ferent contractors in SouthernCalifornia, including his mostrecent post as a project managerat GGaaffccoonn IInncc.., Schraibmandecide to strike out on his ownin 2003 to assist in constructionlaw cases. He serves in a varietyof capacities on cases, workingwith attorneys to help deter-mine fault and the cost of fixinga defect, or coordinating theother expert witnesses. Heworks in such areas as construc-tion defects, code violations andworkers’ compensation.
“I think of myself as a musi-cian in an orchestra,”Schraibman said. “The attorneyis the conductor. Sometimes I’mpart of a chorus, other times it’sa solo act.”
His career gives Schraibmana look into the trends in con-struction litigation. Lately hehas seen a swell in numbers ofdisputes due to funding beingstopped temporarily or perma-nently in the middle of projects.Such situations have becomemore common due to the reces-sion, he said.
In the public sector, contrac-tors may seek recourse by filinginsurance bond claims. In theprivate sector, contractors canlien the property for the amountowed but may struggle to secure
timely payment.In addition to funding issues,
Schraibman expects to see anincrease in litigation stemmingfrom the Americans withDisabilities Act (ADA). The leg-islation mandates that all busi-nesses must be handicappedaccessible; however, accessibili-ty can often span as far away asthe nearest bus stop and includewalkways leading to theentrance of the building. Theinclusion of such elements hasmade city governments andproperty owners, not previouslysubject to the legislation, vul-nerable to litigation.
While ADA legislation isbecoming an increasingly liti-gious matter, lawsuit partici-pants are somewhat limited. Inorder to sue for accessibility, aperson must have sufferedresulting discrimination,Schraibman said.
“You cannot sue for ADAunless you are disabled,” he said.
However, anyone can sue forstorm water mitigation, headded. Storm water mitigationis another area in whichSchraibman forsees a pendingdeluge of legal action. TheClean Water Act and WaterQuality Control Act mandatethat no navigable U.S. waterwaybe polluted. Yet the regulationsextend to any body of water thateventually runs into a navigablewaterway, including smalllakes, creeks and even stormdrains.
Photo: J. Kat WoronowiczSStteevvee SScchhrraaiibbmmaann,, aa lleeggaall ccoonnssuullttaanntt iinn tthhee ccoonnssttrruuccttiioonn iinndduussttrryy,, wwoorrkkss wwiitthh aattttoorrnneeyyss iinn aa vvaarrii--eettyy ooff ccaappaacciittiieess iinn ssuucchh aarreeaass aass ccoonnssttrruuccttiioonn ddeeffeeccttss,, ccooddee vviioollaattiioonnss aanndd wwoorrkkeerrss’’ ccoommppeennssaa--ttiioonn..
Under the regulations, citygovernments are responsible forissuing huge fines to those inviolation. If they do not assessfines, city governments becomeaccomplices under the law,Schraibman said. Under the leg-islation, city governments mustalso report their own violationsand be consequently fined bythe Environmental ProtectionAgency (EPA).
Schraibman also sees thepotential for an increase in
construction defect lawsuitsresulting from substandardbuilding materials. Floridacourts have seen an abundanceof lawsuits stemming from asubstandard drywall productmanufactured in China.Within a short period of time,the material corroded pipesand electrical wiring present inthe walls of new homes,Schraibman said.
As a construction expert,such cases present opportuni-
ties for Schraibman to use hisexperience to determine thecause, and ultimately the cost,of such defects. He enjoys utiliz-ing his various degrees andwork experience to get to thebottom of a problem.
“I always loved understand-ing how things worked,”Schraibman said. “And it’s reallyrewarding to use that to solveother people’s problems.”
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