HBS Legal Trends: Mark McGivern, Construction Consulting Associates, and Joseph F. Herbert III, Hall Booth Smith, P.C.
When handling construction-related litigation, Joseph Herbert, Partner and Co-Chair of the Construction Practice Group at Hall Booth Smith, will often call in an independent third-party expert such as Mark McGivern, CEO of Construction Consulting Associates (CCA). On this edition of HBS Legal Trends, Joe and Mark discussed their own backgrounds and experience, how attorney and third-party experts work together on a case, why an investment in the services of an independent expert firm such as CCA lowers the overall cost of litigation, and much more.
Construction Consulting Associates, LLC (CCA)
Resolving complex problems for the built environment for legal, insurance, building owner/management, and construction industries.
At CCA, they have one goal: To become a trusted partner helping solve your architectural, engineering, construction, and health, safety, and environmental problems. Since its founding in 1990, CCA has worked tirelessly to bring comprehensive services to its clients. They identify problems and work diligently to solve them for clients, from developers, owners, and property managers who often need help when dealing with building, site, construction, and health, safety, and environmental issues; to lawyers and insurance companies who need experts to help resolve related disputes.
As a single-source provider, they bring to your problem decades of experience in every construction-related discipline including architecture, engineering, mechanical systems, construction management, project management, industrial hygiene, environmental health and safety, hazardous and materials. Their skilled experts are trustworthy and collaborative and will work with you to deliver elegant, high-quality solutions.
CCA has a 360-degree solution for the architectural, engineering, and construction industry. No matter how simple or complex the challenge, they are committed to you to get the best possible result for your problem.
Mark McGivern, CEO, Construction Consulting Associates, LLC (CCA)
As a founding partner of CCA, Mark McGivern works tirelessly to give clients what they need: successful projects, expert opinion, and comprehensive investigations. He has the extraordinary ability to grasp an abundance of details while providing clients with simple solutions to some of the world’s most complex design and construction situations.
With more than 30 years of experience managing construction and design professionals, Mark is principally responsible for the planning and management of CCA’s technical investigations, particularly cases involving complex litigation. He is also CCA’s senior construction specifier for design projects and plays an active role in CCA’s architectural design process.
Mark has extensive practice and knowledge in the fields of design, construction, estimation, and analysis of building systems, and construction methods and practices. His project planning and management experience ranges from small- and large-scale residential, industrial, and commercial construction projects, to complex, in-depth investigations into the causes and origins of building failures—as well as cost estimation and analysis of appropriate methods of remediating such failures.
Mark has qualified as an expert in countless construction and design failure cases in courts and arbitration matters throughout the country – judges and arbitration panels have consistently held that his qualifications and testimony met all Daubert-type standards. In trials, mediations, and arbitrations, he has given expert testimony regarding building codes, construction methods, standard of care, industry standards and practices, cost estimation, and apportionment of responsibility.
Mark has given numerous lectures and presentations, with particular emphasis on comparative construction and performance analyses of various methods and products utilized in the field.
He holds affiliations with the Construction Specifications Institute (CSI), The National Fire Protection Association (NFPA), The Community Associations Institute (CAI), American Society of Civil Engineers (ASCE), and ASCE Construction Council.
Hall Booth Smith, P.C.
Established in 1989, Hall Booth Smith, P.C. (HBS) is a full-service law firm with six regional offices strategically located throughout Georgia, as well as offices in Birmingham, AL; Little Rock and Rogers, AR; Denver, CO; Jacksonville, Miami, St. Petersburg, Tallahassee, Tampa, and West Palm Beach, FL; Missoula, MT; Asheville and Charlotte, NC; Saddle Brook, NJ; New York, NY; Oklahoma City, OK; Charleston, SC; and Memphis and Nashville, TN.
Experienced across a wide range of legal disciplines, HBS prides itself on providing knowledgeable, proactive, client-specific counsel to individuals, domestic and international corporations, state and federal agencies, and nonprofit organizations.
At HBS they possess the legal knowledge, skill, and experience to meet our clients’ needs wherever they do business. HBS maintains the highest commitment to serve clients ethically and professionally by providing the highest quality legal representation.
Joseph F. Herbert III, Partner, Hall Booth Smith, P.C.
Joseph F. Herbert III is a Partner in our Red Bank, New Jersey office and the Co-Chair of the Construction Practice Group. As a practicing litigator since the mid-90s, Joe has participated in and supervised all facets of a civil litigation caseload, as both defendant’s and plaintiff’s counsel, in both state and federal court.
He has extensive experience in high value, high profile cases, including multi-million dollar construction defect cases, wrongful death/murder, sexual molestation defense, premises security, fire, Dram Shop, catastrophic and high-value personal injury, property damage, contract, lease review and negotiation, and some medical malpractice cases through all phases of litigation including case evaluation, discovery, mediation, settlement, trials, and appeal.
He joins HBS after spending the last 8 years as a managing partner in a New Jersey law office where he prepared and implemented firm procedures and budgets and hired and oversaw attorneys and staff. Joe was included in the 2023 edition of The Best Lawyers in America® for construction litigation.
Joe earned his J.D. from New York Law and graduated with a B.S. in Communications Arts and Sciences with a Minor in Business Administration from St. John’s University. During law school Joe served as an intern/clerk for the Honorable Harold Baer in the United States District Court, Southern District of New York.
Outside of practicing law, Joe’s interests include golf, sports, travel, and photography.