How a Delaware Apartment Developer Increased Recovery by 145% After a Builder’s Risk Collapse Loss
How strategic claim advocacy increased a Delaware developer’s recovery by over 140% following a complex collapse loss
Description
A collapse/failure loss occurred during construction of a 61-unit residential apartment complex in Wilmington, Delaware. Prior to our involvement, the insured retained a large accounting firm that initiated discussions with the insurer but ultimately advised that the claim could not be materially improved.
After receiving an inadequate settlement offer, the insured engaged Goodman-Gable-Gould/Adjusters International (GGG/AI) and Rollins Accounting & Inventory Services to take over claim advocacy and financial quantification.
Our team implemented a structured, data-driven approach to identify discrepancies, challenge assumptions, and reposition the claim for maximum recovery.
Issues
- Incomplete claim evaluation: Submitted costs—including hard costs, professional fees, and soft costs—were not fully reviewed by the insurer
- Fragmented claim data: Claim values and approvals were spread across multiple insurer-generated documents, some containing material errors
- Delay period disputes: The insurer challenged the duration and documentation of construction delays
- Improper loss measurement:
- Use of ramp-up assumptions instead of stabilized operations for lost income
- Understated interest expense based on backward-looking averages
- Documentation gaps: Insurer requests included materials not typically maintained in the normal course of business, complicating claim validation
Solutions Applied
- Developed a centralized executive claim summary to consolidate all claim components, payments, and approvals into a single, actionable document
- Reconstructed and validated claim data independent of insurer documentation to ensure accuracy and negotiation leverage
- Collaborated directly with the insurer’s scheduling consultant, including in-person meetings, to support and substantiate delay claims
- Reframed delay calculations using appropriate methodologies based on stabilized operations and forward-looking financial analysis
- Addressed discrepancies line-by-line, resolving individual components while strategically positioning remaining disputes
- Facilitated a global settlement strategy using a White Waiver Agreement to enable efficient resolution without requiring formal concessions on every issue
Outcome
- Initial insurer offer: $230,192
- Final recovery: $563,454
- Increase in recovery: +145%
- 100% of forensic accounting fees reimbursed by the insurer
Through strategic claim restructuring, detailed financial analysis, and proactive negotiation, GGG/AI and Rollins significantly improved the insured’s recovery while resolving complex coverage and valuation disputes.