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Who should attend Construction Defects Liability in Louisiana
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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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:

Whether you are looking for a refresher course or a thorough first-time briefing; this is the course for you! 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 Louisiana

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! 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.
  • 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.
  • Become familiar with plaintiff and defense perspectives on the legal responsibilities of all parties involved in construction.
  • Gain a better understanding of contract drafting, interpretation and modification issues and options.
  • Explore key contract and general conditions cluases, including liquidated damages and timing of claims.


  1. CONSTRUCTION DEFECT LITIGATION OVERVIEW
    9:00 - 10:00, Carla Tircuit Dillon
    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
    10:15 - 11:15, Carla Tircuit Dillon
    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. PROVING CONSTRUCTION DEFECTS – LEGAL REQUIREMENTS
    11:15 - 12:15, Michael T. Durham
    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
  4. CONTRACT DRAFTING, INTERPRETATION AND MODIFICATION ISSUES AND OPTIONS
    1:15 - 2:15, Elizabeth L. Gordon and Daniel Lund III
    1. General Contract Rules and Applications
    2. Relationship of Plans and Specifications to Written Contract
    3. Change Orders
    4. Contract Issues and Options
    5. Subcontract Agreements and Strategies
    6. Liquidated Damages
    7. No Damage for Delay
    8. Acceleration - Actual and Constructive
  5. KEY CONTRACT AND GENERAL CONDITIONS CLAUSES TO CONSIDER
    2:30 - 3:30, Elizabeth L. Gordon and Daniel Lund III
    1. Liquidated Damages
    2. Timing of Claims
    3. Waiver of Consequential Damages
    4. Changed Conditions
    5. Resulting Delays
  6. ETHICS
    3:30 - 4:30, Daniel Lund III
    1. Q & A Interactive Session

Seminar Summary:

Whether you are looking for a refresher course or a thorough first-time briefing; this is the course for you! 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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