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! 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
- Liable Parties
- Due Diligence
- Subrogation and Indemnification Considerations
- Mechanics Liens
- 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
- Contractual Indemnity
- Certificates of Insurance
- Additional Insured Status
- Common Clauses and Provisions
- The Pollution Exclusion
- The “Business Risk” Exclusion
- Pro Rata
- 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
- Design Deficiencies
- Material Deficiencies
- Substandard Installation or Workmanship
- Manufacturing and Product Defects
- Subsurface/Geotechnical Deficiencies
- 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
- Locating Experts
- Discovery Tactics
- Damages: What can be Recovered?
- Bankruptcy Issues
- Alternative Dispute Resolution Tactics
3:30 - 4:30, Alfred E. Donohue
- Joint Defenses
- Conflict of Interest
- Representing Multiple Parties
- Tripartite Relationship: Attorney, Insurance Company and Insured/Contractor
- How Lawyers can Avoid Being Witnesses
This basic to intermediate program will provide a comprehensive overview of construction defects, regulations, liability and litigation for:
- Insurance Claims Managers