Training Course Syllabus:

Discover the Key Elements That Can Make or Break a Construction Defect Case

The field of construction defect litigation is growing and changing at a rapid pace with California and Nevada leading the way in legislative reform. Get updates on new rulings and laws from experienced professionals in the field, and walk through the profoundly complex and often emotionally-charged construction defect dispute – from defining a defect, determining liability, uncovering insurance nuances and taking your case to trial. Register today!

• Stay in-the-know on the quickly changing legislation, new rulings and reinterpretations of construction defect laws.


• Argue your case with confidence: Know the nuances of the regulations that define and govern construction 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.


• Discover how to lower liability risks with easy-to-administer tips from a professional in the field.


• Examine how OCIP and CCIP can be valuable insurance options in today´s construction lawsuit environment.


• Grab the competitive advantage during defect disputes by knowing what the opposing side typically argues.


• Discover what pretrial preparation will pave the way for a successful verdict.

ANATOMY OF A DEFECT: WHAT IT IS AND THE RULES THAT APPLY

A. Maria Plumtree and David Tran, 9:00 - 9:45

• What Constitutes a “Defect?”
  
  (Includes: Construction Defect vs. Nuisance Claim, Defect Categories, Common Types of Patent and Latent Defects)


• State and Local Regulations Regarding Construction Defects
  
  (Includes: Building Codes and Standards, Warranties, “Right to Repair/Right to Cure” Law, Statute of Limitations and Repose, Assignment of Claims, State and Local Regulations)


• Determining Standards of Care

INDEMNITY PROVISIONS: IS THE SUBCONTRACTOR RESPONSIBLE?

A. Maria Plumtree and David Tran, 9:45 - 10:45

• Joint and Several Liability


• Equitable or Implied Indemnification: It´s the Law


• Contractual Indemnification: Surprise! You´re Responsible!


• Real Case Examples of Indemnification Litigation


• Economic Loss Rule


• Waiver, Variation and Estoppel


• Reading Key Contract Clauses and Other Quick Tips for Avoiding Liability

CASE LAW UPDATES: RULINGS THAT AFFECT YOUR WORLD

A. Maria Plumtree and David Tran, 11:00 - 12:00

INSURANCE: COVERED VS. UNCOVERED?

A. Maria Plumtree and David Tran, 1:00 - 2:00

• Commercial General Liability Insurance – Coverage Issues


• Insurance Debates
  
  (Includes: Fortuity Principles, Known Loss, Occurrence Definitions, Four Corners Rule, Illusory Coverage Doctrine)


• Surety Bonds


• Wrap Insurance Options: OCIP or CCIP


• Case Law: Class Action Suits

LITIGATION: ALLEGATIONS, DEFENSES AND PROVING YOUR CASE

A. Maria Plumtree and David Tran, 2:00 - 3:15

• Common Allegations and Defenses


• Notice of Claim


• Discovery


• Jury Instructions


• Essential Evidence: Preservation and Extrapolation


• Expert Depositions


• Procedural Issues


• Damages: What Can Be Recovered?


• Alternative Dispute Resolution

ETHICAL CONSIDERATIONS

A. Maria Plumtree and David Tran, 3:30 - 4:30

• Conflicts of Interest


• Confidentiality


• Other Rules of Professional Conduct

Agendas and Speakers may differ slightly depending on the location. Please e-mail or call a representative to obtain an agenda for a particular location.

Seminar Summary:

Discover the Key Elements That Can Make or Break a Construction Defect Case  (see full course description)

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