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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. 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.
  • 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
    9:00 - 9:45, Jared N. Klein and Paul J. Toner
    • What Constitutes a "Defect?"
      (Includes: Construction Defect vs. Nuisance Claim, Defect Categories, Common Types of Patent and Latent Defects)
    • Federal, State, and Local Regulations Regarding Construction Defects
      (Includes: Building Codes and Standards, Warranties and Magnuson-Moss, Miller Act, "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? WHAT ABOUT THE DESIGN PROFESSIONAL?
    9:45 - 10:45, John A. Adams
    • Key Contract and Subcontract Provisions, Including AIA and Consensus DOCS
    • The Difference Between "Defend," "Hold Harmless" and "Indemnity"
    • The Role of "Additional Insured"
    • Common Law Indemnity
    • Economic Loss Rule
    • Waiver, Variation and Estoppel
    • Standards of Care for Design Professionals
    • Joint and Several Liability
  • CASE LAW UPDATES: RULINGS THAT AFFECT YOUR WORLD
    11:00 - 12:00, William H. Pillsbury
  • INSURANCE: COVERED VS. UNCOVERED?
    1:00 - 2:15, Jeffrey R. Lerman
    • Commercial General Liability Insurance - Coverage Issues
    • Duties of Defense
    • Indemnity
    • Insurance Debates
      (Includes: Building Codes and Standards; Warranties and the Magnuson-Moss and Miller Acts; "Right to Repair/Right to Cure" Law; Statute of Limitations and Repose; Assignment of Claims; State and Local Regulations)
    • Surety Bonds
    • Wrap Insurance Options: OCIP or CCIP
    • Case Law: Class Action Suits
  • LITIGATION: ALLEGATIONS, DEFENSES, AND PROVING YOUR CASE
    2:30 - 3:30, William H. Pillsbury
    • 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
    3:30 - 4:30, Jared N. Klein and Paul J. Toner
    • Joint Defenses
    • Conflict of Interest
    • Representing Multiple Parties
    • How Lawyers can Avoid Being Witnesses

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