Litigate Construction Defect Cases with Skill and Confidence
Successfully handling construction defect cases involves understanding the fine-print detail of contract indemnity provisions, insurance policy language and other key elements. In this essential guide to construction defect litigation, our experienced faculty will walk you through the construction defect litigation process and provide you with the tools you need to confidently handle the nuances of these fact-specific cases. Obtain essential strategies for litigating construction defect cases - register today!
- Determine whether your client has a case by analyzing whether a construction defect actually exists.
- Take a close look at indemnity provisions in construction contracts to determine who is responsible for defending against a defect suit.
- Analyze insurance policies and recent case law to determine whether coverage for a defect exists.
Session Time: 10:00 AM - 1:15 PM Eastern
Presented by: Alexander Jadin and Anthony T. Smith
- ANATOMY OF A DEFECT: WHAT IT IS AND THE RULES THAT APPLY
- What Constitutes a "Defect?"
- Federal and Common State and Local Regulations Regarding Construction Defects
- Determining Standards of Care
- INDEMNITY PROVISIONS: IS THE SUBCONTRACTOR RESPONSIBLE? WHAT ABOUT THE DESIGN PROFESSIONAL?
- 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
Break: 11:30 AM - 11:45 AM Eastern
- INSURANCE: COVERED VS. UNCOVERED?
- Commercial General Liability Insurance - Coverage Issues
- Duties of Defense
- Insurance Debates
- Surety Bonds
- Wrap Insurance Options: OCIP or CCIP
- LITIGATION: ALLEGATIONS, DEFENSES, AND PROVING YOUR CASE
- Common Allegations and Defenses
- Notice of Claim
- Jury Instructions
- Essential Evidence: Preservation and Extrapolation
- Expert Depositions
- Procedural Issues
- Damages: What can be Recovered?
- Alternative Dispute Resolution
This concise, yet comprehensive guide to construction defect litigation is for attorneys. Insurance professionals, construction professionals, architects, engineers, and paralegals may also find it useful.