This basic to intermediate program will provide a comprehensive overview of construction defects, regulations, liability and litigation for: Attorneys, Paralegals, Contractors, Subcontractors, Developers, Engineers, Architects, Insurance Claims Managers,
Construction defect litigation can be a costly and complex practice area for attorneys. The laws and regulations are constantly evolving and keeping track of all the parties involved can be a full-time job by itself. Are you able to represent a property owner or construction professional when latent or patent defects are present in the building? Do you know what to expect from the insurance company when dealing with a liability claim? Whether you are looking for a refresher course or a thorough first-time briefing; this is the course for you! Not only will you hear from experienced attorneys, but real-life accounts of common defects from construction specialists will also be discussed. Learn the local and timely information you need when representing any client in a construction defect case. Register today!
Stay in-the-know on the quickly changing legislation, rulings, and interpretations of construction defect laws.
Argue your case with confidence: Know the nuances of the regulations that define and govern construction defects.
Hear a construction professionals discuss their first-hand experiences in preventing, identifying and repairing defects.
Review how statutes of limitations and repose can impact the case right from the start.
Understand how insurance companies interpret the definition of “occurrence” or “accident.”
Identify the provisions and clauses in liability insurance policies that protect the insurer from paying out for defects.
Combine your intimate understanding of defect regulations with building code and construction plan analysis to determine standards of care, one of the keys to winning your case.
Protect your client's legal and financial interests by understanding the obligations behind equitable and contractual indemnification.
Become familiar with plaintiff and defense perspectives on the legal responsibilities of all parties involved in construction.
Learn how to effectively manage liability risk by knowing insurance coverage variations and limitations.
CONSTRUCTION DEFECT LITIGATION OVERVIEW 9:00 - 10:15, Thomas R. Hurd
Applicable Laws and Definitions
State and Local Building Codes to Know
Statutes of Repose
Statute of Limitations
Building Code Defects
Choice of Forum
Subrogation and Indemnification Considerations
Statutory Notice Requirements
Contractor's Role vs. Owner's Role vs. Developer's Role
Design Professional Role
Case Law Update
INSURANCE COVERAGE AND CONSTRUCTION DEFECTS 10:30 - 12:00, James D. Hollyday
Types of Insurance
Builder's Risk Insurance
Commercial General Liability Insurance
Professional Errors and Omissions Insurance
Allocation of Risky by Contract
Additional Insured Status
Waiver of Subrogation
Contract Surety Bonds
Commercial General Liability Insurance - Coverage Issues
Standard ISO CGL Forms
Exclusions Generally (and Exceptions to Exclusions)
Defective Work as an Occurrence
Broad Form Property Damage Liability Coverage
What Triggers Coverage
Faulty Workmanship Exclusion
The "Business Risk" Doctrine
"Your Work" Exclusion
Case Law Update
IDENTIFYING AND REPAIRING DEFECTS: A DESIGN PROFESSIONAL'S PERSPECTIVE 1:00 - 2:15, David S. Patterson
Selection of Forensic Consultant
Educating the Client Team
Assessment of the Problem
Definition of Problem
Identification of Deficiencies
Assignment of Responsibility
Issues and Examples
Addressing the Problem
Development and Implementation of Repairs
Further Litigation Support
PROVING CONSTRUCTION DEFECTS – LEGAL REQUIREMENTS 2:30 - 3:30, Thomas R. Hurd
Causes of Action
Buyer's “Reasonable Expectation”
Seller's Disclosure Obligations
Real Estate Agent's Disclosure Obligations
Testifying vs. Consulting Experts
Notice of Claim
Damages: What can be Recovered?
Alternative Dispute Resolution Tactics
ETHICS 3:30 - 4:30, James D. Hollyday
Joint Defenses and Joint Defense Agreements
Conflict of Interest
Representing Multiple Parties
Representing Joint Venture Partners
Tripartite Relationship: Attorney, Insurance Company and Insured/Contractor