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 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.
CONSTRUCTION DEFECT LITIGATION OVERVIEW 9:00 - 10:20, W. Gregory Guedel
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 and the Authority Having Jurisdiction
Interactions With HOAs/Condo Boards
Case Law Update
UNDERSTANDING INSURANCE COVERAGE 10:35 - 11:55, Jay Donovan
Commercial General Liability Insurance – Coverage Issues
Questions to Ask Yourself and Clients
Was There an Event or Occurrence?
Were There a Number of Occurrences?
Definition of “Accident” and “Occurrence”
Identifying the Trigger of Coverage
Protection for Liability Caused by Others
Certificates of Insurance
Additional Insured Status
Common Clauses and Provisions
The Pollution Exclusion
The “Business Risk” Exclusion
Excess and Escape Clauses
Contract Surety Bonds
Case Law Update
IDENTIFYING AND REPAIRING DEFECTS: INSIGHTS FROM ENGINEERING AND CONSTRUCTION PROFESSIONALS 12:55 - 2:05, Nash Johnson and Alan C. Topinka
The Technical Investigation Process
Substandard Installation or Workmanship
Manufacturing and Product Defects
Repairing Defects (Restoration Expert)
PROVING CONSTRUCTION DEFECTS – LEGAL REQUIREMENTS 2:05 - 3:15, Greg Clark
Causes of Action
Buyer's “Reasonable Expectation”
Seller's Disclosure Obligations
Real Estate Agent's Disclosure Obligations
Testifying vs. Consulting Experts
Notice of Claim
Timeline of Events
Damages: What can be Recovered?
Alternative Dispute Resolution Tactics
ETHICS 3:30 - 4:30, Alfred E. Donohue
Conflict of Interest
Representing Multiple Parties
Tripartite Relationship: Attorney, Insurance Company and Insured/Contractor