[Editor's Note: The following content is sponsored by MC Consultants, Pete Fowler Construction, Rimkus, and Gallagher Bassett.]
Is there any one challenge in the construction industry that specifically stands out and what risks are posed by that challenge? What technologies have made jobsite safety less risky? Have there been advances in technology that have aided the forensic investigation process? What trends are being seen in construction claims? What are some ways to avoid runaway verdicts in construction?
Q: The construction industry faces a number of challenges today from the continuing skilled labor shortage to economic and political uncertainties. Is there any one challenges in particular you have your eye on, and what are the risks posed by that challenge?
Dan Ducommun, MC Consultants, Inc.: To effectively serve in a forensic consulting industry as a construction expert, individuals first need to have direct and tangible experience in construction, design, and/or engineering. The current shortfall of skilled labor in the construction market today directly impacts the forensic consulting industry tomorrow. The risks of hiring inexperienced experts can lead to the inability to successfully support a diverse scope of construction defect projects.
Todd Foley, Pete Fowler Construction: The delta between the owner’s expectation and workforce performance is rapidly growing. Only effective training and certification programs will help close this gap. The construction industry needs to concentrate its efforts on supplying a trained and skilled workforce to all projects.
Jared Cacciapaglia, Rimkus: While skilled labor shortages and political uncertainties are on the list of challenges that we monitor on all projects, we find that one common challenge on construction projects is achieving the right balance of diligence and preconstruction planning. Without adequate pre-construction planning, projects are subject to significant risks from cost overruns and schedule delays to quality and safety concerns. These risks are effectively manageable with a diligent team selection process, maintaining communication between stakeholders, and understanding project-specific conditions to develop a data-driven preconstruction plan.
Greg Perruzzi, Gallagher Bassett: The ongoing labor shortage remains a concern, making it crucial to proactively address risks that threaten worker safety and wellbeing. Safety training and education can significantly reduce or even eliminate the likelihood of incidents. Proper equipment use and the fostering of a safety culture within the organization highlight the importance of focusing on the workforce. When leaders exemplify this behavior, it reinforces their commitment to both projects and personnel. Additionally, efficiently managing workers’ compensation claims and ensuring proper care for injured employees not only supports their health but also facilitates their return to work, which is critical during staffing shortages.
Q: What technologies have you seen used on jobsites that hae made construction less risky? Is there any new technology on the horizon that you think will greatly improve jobsite safety?
Jared Cacciapaglia, Rimkus: The use of project-based management software has been a significant step forward in construction risk management over the past two decades. That, in combination with wearable technologies like RFID tags and GPS trackers, as well as fixed and mobile cameras, allow for continuous monitoring of personnel, equipment, and construction progress. The use of drone technology pushes these capabilities further and is helping transform the construction industry. Modeling software along with drone technology provides immediate feedback for construction teams and project stakeholders to manage potential risks or avoid them altogether. As these technologies converge with AI in the construction space, jobsite safety will continue to improve through predictive modeling and analytics which will in turn provide feedback to datadriven pre-construction planning.
Todd Foley, Pete Fowler Construction: Project management and jobsite inspection software continues to improve the effectiveness of contractors and subcontractors when utilized. The effective use of these programs for risk avoidance requires proper project set up, strict compliance with the features, and communications between parties restricted to the software. I am currently focused on smart phone based inspection and dictation software that provide a simple platform for daily jobsite inspections, capturing critical photographic evidence of work performed correctly during the construction process. GREG PERRUZZI, GALLAGHER BASSETT: The evolution of the Internet of Things (IoT) is helping to create efficiencies, enhance safety, and aid in decision-making through the integration of connected devices and data analytics. Embracing new technology can assist in areas such as site monitoring and safety, where devices and sensors monitor environmental controls, such as temperature, humidity, and air quality, to ensure compliance with safety standards and improve worker health. Wearables equipped with IoT capabilities can track workers’ movements and vital signs, providing data to enhance safety protocols and respond quickly to emergencies.
Dan Ducommun, MC Consultants: Aerial drone investigations have become increasingly popular. Modern drones minimize pilot error and provide quick, safe access for high-rise, commercial, and residential inspections. Drones capture building envelope data much faster than human workers and reduce the need for dangerous inspection situations.
Have there been any advances in technology or techniques that have aided or transformed the forensic investigation process?
Todd Foley, Pete Fowler Construction: The evolution of drones continues to enhance initial investigations by quickly targeting areas of concern. Drones fitted with thermal imaging cameras perform very effectively over large project areas. Another technology that is improving quickly is through wall scanning devices. What started years ago with stud finders has been advanced to provide reliable imaging in wall plumbing, framing, electrical wiring, rebar, or metal connectors. These initial scans can quickly and nondestructively help verify the existence of building components.
Dan Ducommun, MC Consultants, Inc.: One of many advanced technologies that first comes to mind is the use of 360-degree photographic mapping, which we refer to as MC Virtual-360. MC Virtual-360 positions the technical operator to capture a 360-degree image of a room or open space. In addition to digital mapping photography, we also utilize thermal imaging, which can transform and aid our forensic consulting team’s ability to capture construction related data. RealityCapture photogrammetry allows our forensic experts to immerse others into a scene, which has proven to be most effective especially with the trier of fact.
Q: What trends are you seeing in construction claims? Are there any types of claims that are either on the rise or in decline, and why?
Greg Perruzzi, Gallagher Bassett: So far in 2025, we have not observed any significant changes in claims. However, claim costs continue to rise due to the ongoing risk of exorbitant jury verdicts. There is a heightened emphasis on loss prevention and claim mitigation, with proactive discussions taking place with clients about strengthening their loss prevention and risk management strategies. Further, efforts are being made to develop response plans for deployment when claims arise proactively rather than reactively. This involves coordination with defense counsel, investigators, and the claims teams across Gallagher Bassett to determine actions to be taken when a loss happens.
Dan Ducommun, MC Consultants, Inc.: Pre-suit claims are on the rise. Addressing these issues before litigation enables negotiation, clarifies liability, and resolves problems without high legal costs. Early resolution saves time, reduces expenses, protects reputations, prevents escalation, ensures fairness, and allows professional relationships and projects to continue.
Q: Many industries are contending with runaway verdicts. How has this trend impacted the construction industry, and what are some ways to avoid and/or combat runaway verdicts in construction?
Dan Ducommun, MC Consultants, Inc.: To reduce the threat of future runaway verdicts, the claims industry engages MC Consultants early on to investigate incidents timely. The claims industry has embraced alternative dispute resolution methods to potentially resolve claims efficiently and cost-effectively. Early engagement of forensic experts has shown to be an effective tool in providing our clients and interested parties with the good, the bad, and the ugly as early as possible. Why? The earlier we all know the facts, the more time can be allocated to finding a meaningful solution, which hopefully avoids a trial where today’s juries have proven to be very unpredictable.
Greg Perruzzi, Gallagher Bassett: As mentioned, exorbitant jury verdicts remain a concern, and minimizing them requires a strong loss prevention and risk management program, a post-incident response plan, and immediate thorough investigations. Proactively handling high-risk claims is crucial; these should be flagged for strategic discussions with stakeholders, and risk transfer should be explored early if applicable. Aligning with defense counsel on a clear defense theme is important, and accepting some fault to diffuse juror anger could be considered. Defense counsel should control litigation timelines rather than adhering to plaintiff schedules. In cases with exposure, proactively extending settlement offers to influence plaintiff valuation is a tactic we’re seeing used more consistently.
Dan Ducommun is president & CEO at MC Consultants, Inc. dan.ducommun@mcconsultants.com
Todd Foley is an expert at Pete Fowler Construction. todd.foley@petefowler.com
Jared Cacciapaglia is technical director, construction science at Rimkus. jared.cacciapaglia@rimkus.com
Greg Perruzzi is SVP-practice leader, construction vertical at Gallagher Bassett. greg_perruzzi@gbtpa.com