Training Course
Syllabus:
This program will be found informative to architects, design professionals, in-house counsel, outside counsel (plaintiff and defendant), contract administrators, coverage counsel, risk managers/safety directors for construction companies and highway contractors, insurance adjusters, insurance agents, third party administrators, workers compensation adjusters, engineers and other accident investigators.
By attending those participants will gain a working knowledge of the fundamentals of construction accident litigation.
Topics covered include:
- Liability Of Design Professionals For Construction Accidents
- Insurance, Indemnity Agreements And Contractual Risk Transfer Methods
- OSHA, Workers' Compensation, And Highway Construction
- Identifying, Preserving, And Prosecuting A Cause Of Action Arising From The Acts Or Omissions Of A Third Party
9:00 a.m. - 10:30 a.m.
I. Liability Of Design Professionals For Construction Accidents
A. Background
1. History
2. Standards
B. Liability – Design
C. Liability – Site Services
D. Defenses
10:30 a.m. - 10:45 a.m.
Break
10:45 a.m. - 12:00 p.m.
II. Insurance, Indemnity Agreements And Contractual Risk Transfer Methods
A. General Liability Insurance
1. General Overview
2. Exclusions
a. Business Risk Exclusions
b. Contractual Liability Exclusion
c. Pollution Exclusion
d. Employers' Liability Exclusion
e. Professional Liability Exclusion
3. Additional Insured Provisions
B. Builders Risk Insurance
C. Indemnity Agreements
1. Express Negligence Rule
2. Conspicuous Requirement
D. Other Contractual Risk Transfer Methods
1. Insurance Requirements
2. Additional Insured Requirements
3. Waivers Of Subrogation
4. Certificates Of Insurance
5. Warranty Disclaimers
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:45 p.m.
III. OSHA, Workers' Compensation, And Highway Construction
A. Fall Protection For The Construction Indemnity
1. OSHA Subpart M
2. Other Fall Protection Requirements
3. Scaffold Safety
4. Criminal Liability Under OSHA
B. Workers' Compensation And Construction Injury Cases
1. Coverage
2. Third Party Liability
3. Defenses
C. Highway Construction Accident Litigation
1. Introduction
2. Pre-Accident Preparations
3. Post-Accident Procedures
4. Notice Letters And Tenders
5. Litigation Of Highway Construction Accidents
2:45 p.m. - 3:00 p.m.
Break
3:00 p.m. - 4:30 p.m.
IV. Some Other Dude Did It – Identifying, Preserving, And Prosecuting A Cause Of Action
Arising From The Acts Or Omissions Of A Third Party
A. How To Identify A Potential Cause Of Action With A Focus On Contract, Warranty, Negligence, And Strict Product Liability Claims
B. Preserving A Cause Of Action Through Investigation, Notice To Adverse Parties, And Retaining Evidence
C. Prosecuting A Cause Of Action By Proving Liability And Damages |