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Construction Defects Liability in Pennsylvania  

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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,

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Seminar Summary:

Learn the local and timely information you need when representing any client in a construction defect case. (see full course description)

 

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Training Course Syllabus:


Construction Defects Liability in Pennsylvania

Know the Process From Start to Finish  

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.


  1. CONSTRUCTION DEFECT LITIGATION OVERVIEW
    9:00 - 10:15, Thomas R. Hurd
    1. Applicable Laws and Definitions
    2. State and Local Building Codes to Know
    3. Statutes of Repose
    4. Statute of Limitations
      1. Negligence
      2. Building Code Defects
      3. Fraud
    5. Choice of Forum
    6. Liable Parties
    7. Subrogation and Indemnification Considerations
    8. Mechanics Liens
      1. Statutory Notice Requirements
    9. Contractor's Role vs. Owner's Role vs. Developer's Role
    10. Design Professional Role
    11. Case Law Update
  2. INSURANCE COVERAGE AND CONSTRUCTION DEFECTS
    10:30 - 12:00, James D. Hollyday
    1. Types of Insurance
      1. Builder's Risk Insurance
      2. Commercial General Liability Insurance
      3. Professional Errors and Omissions Insurance
    2. Allocation of Risky by Contract
      1. Contractual Indemnity
      2. Additional Insured Status
      3. Waiver of Subrogation
    3. Contract Surety Bonds
    4. Commercial General Liability Insurance - Coverage Issues
      1. Standard ISO CGL Forms
      2. Insuring Agreement
      3. Exclusions Generally (and Exceptions to Exclusions)
      4. Defective Work as an Occurrence
      5. Broad Form Property Damage Liability Coverage
      6. What Triggers Coverage
      7. Specific Exclusions
        1. Pollution Exclusion
        2. Faulty Workmanship Exclusion
        3. Operations Exclusion
        4. The "Business Risk" Doctrine
        5. "Your Work" Exclusion
    5. Case Law Update
  3. IDENTIFYING AND REPAIRING DEFECTS: A DESIGN PROFESSIONAL'S PERSPECTIVE
    1:00 - 2:15, David S. Patterson
    1. Selection of Forensic Consultant
    2. Educating the Client Team
      1. Approach
      2. Terminology
    3. Assessment of the Problem
      1. Definition of Problem
      2. Identification of Deficiencies
      3. Assignment of Responsibility
    4. Issues and Examples
      1. Design-Related Deficiencies
      2. Materials-Related Deficiencies
      3. Workmanship-Related Deficiencies
    5. Addressing the Problem
      1. Development and Implementation of Repairs
      2. Further Litigation Support
  4. PROVING CONSTRUCTION DEFECTS – LEGAL REQUIREMENTS
    2:30 - 3:30, Thomas R. Hurd
    1. Causes of Action
    2. Buyer's “Reasonable Expectation”
    3. Seller's Disclosure Obligations
    4. Real Estate Agent's Disclosure Obligations
    5. Testifying vs. Consulting Experts
    6. Notice of Claim
    7. Locating Experts
    8. Discovery Tactics
    9. Damages: What can be Recovered?
    10. Bankruptcy Issues
    11. Alternative Dispute Resolution Tactics
  5. ETHICS
    3:30 - 4:30, James D. Hollyday
    1. Joint Defenses and Joint Defense Agreements
    2. Conflict of Interest
      1. Representing Multiple Parties
      2. Representing Joint Venture Partners
    3. Tripartite Relationship: Attorney, Insurance Company and Insured/Contractor
    4. Contacting Former Employees of Other Parties

Seminar Summary:

Learn the local and timely information you need when representing any client in a construction defect case. (see full course description)

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