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Construction Defects Liability in Washington  

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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 Washington

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 contractors and other 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 - 10:20, W. Gregory Guedel
    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. Due Diligence
    8. Subrogation and Indemnification Considerations
    9. Mechanics Liens
      1. Statutory Notice Requirements
    10. Contractor's Role vs. Owner's Role vs. Developer's Role
    11. Design Professional Role and the Authority Having Jurisdiction
    12. Interactions With HOAs/Condo Boards
    13. Case Law Update
  2. UNDERSTANDING INSURANCE COVERAGE
    10:35 - 11:55, Jay Donovan
    1. Commercial General Liability Insurance – Coverage Issues
    2. Questions to Ask Yourself and Clients
      1. Was There an Event or Occurrence?
      2. Were There a Number of Occurrences?
    3. Definition of “Accident” and “Occurrence”
    4. Identifying the Trigger of Coverage
    5. Protection for Liability Caused by Others
      1. Contractual Indemnity
      2. Certificates of Insurance
      3. Additional Insured Status
    6. Common Clauses and Provisions
      1. The Pollution Exclusion
      2. The “Business Risk” Exclusion
      3. Pro Rata
      4. Excess and Escape Clauses
    7. Contract Surety Bonds
    8. Case Law Update
  3. IDENTIFYING AND REPAIRING DEFECTS: INSIGHTS FROM ENGINEERING AND CONSTRUCTION PROFESSIONALS
    12:55 - 2:05, Nash Johnson and Alan C. Topinka
    1. The Technical Investigation Process
    2. Design Deficiencies
    3. Material Deficiencies
    4. Substandard Installation or Workmanship
    5. Manufacturing and Product Defects
    6. Subsurface/Geotechnical Deficiencies
    7. Repairing Defects (Restoration Expert)
  4. PROVING CONSTRUCTION DEFECTS – LEGAL REQUIREMENTS
    2:05 - 3:15, Greg Clark
    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. Timeline of Events
    8. Locating Experts
    9. Discovery Tactics
    10. Damages: What can be Recovered?
    11. Bankruptcy Issues
    12. Alternative Dispute Resolution Tactics
  5. ETHICS
    3:30 - 4:30, Alfred E. Donohue
    1. Joint Defenses
    2. Conflict of Interest
    3. Representing Multiple Parties
    4. Tripartite Relationship: Attorney, Insurance Company and Insured/Contractor
    5. How Lawyers can Avoid Being Witnesses

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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