Examine the Challenges Behind CGL Policy Language
Does a commercial general liability (CGL) policy protect a general contractor against defect claims after the construction project is complete? Courts are split on the issue, and policy language is at the heart of the conflict. Take a closer look at CGL insurance and insurance-related clauses in construction contracts at this insightful course, and be prepared to effectively advise your clients. Register today!
- Review the roles of contractors, property owners and developers in construction defect claims.
- Identify essential contract and subcontract provisions in indemnification.
- Gain knowledge of the top exclusions in construction defect insurance coverage.
- Know what essential evidence to gather in order to win a construction defect case.
- Learn how to effectively negotiate a known loss claim.
- Understand how to avoid litigation in construction defects and use alternative means to settle cases.
All times are shown in Eastern time
- FUNDAMENTALS OF A CONSTRUCTION DEFECT CLAIM
11:00 - 11:45, Samuel B. Cavnar and Kenneth M. Florey
- Anatomy of a Defect - in Legal Terms
- Applicable Laws
- Causes of Action
- Liable Parties and Due Diligence
- Subrogation Considerations
- Contractor's Role vs. Owner's Role vs. Developer's Role
- INDEMNIFICATION - WHAT YOU NEED TO KNOW
11:45 - 12:45, Katie C. Pfeifer
- Sample Agreement
- Fundamental Principles
- Contractual Indemnity vs. Equitable Indemnity
- Key Contract and Subcontract Provisions
- "Defend," "Hold Harmless" and "Indemnity"
- The Role of "Additional Insured"
- Economic Loss Rule
- Waiver, Variation and Estoppel
- Standards of Care
- CONSTRUCTION DEFECT INSURANCE COVERAGE ISSUES
1:00 - 2:00, Katie C. Pfeifer
- Joint and Several Liability
- Surety Bonds
- Wrap Insurance Options
- Excess and Escape Clauses
- Top Exclusions (Faulty Workmanship, Pollution, Operations, "Business Risk", Etc.)
- EXPERTS AND EVIDENCE - KEYS TO "WINNING"
2:30 - 3:15, Samuel B. Cavnar and Kenneth M. Florey
- Selecting/Qualifying Experts
- Preparing Experts
- Expert Depositions
- Daubert/Frye Considerations
- Gathering Critical Evidence
- Top Evidence Mistakes to Avoid
- NEGOTIATION STRATEGIES: "REAL-WORLD" CASE STUDIES
3:15 - 4:00, Edward R. Glady Jr.
- Accident/Fortuity vs. Expected or Intended
- Bodily Injury/Property Damage vs. Contract Damages
- Known Loss Claims
- "Occurrence" Claims
- Four Corners Rule
- Contra Proferentem Rule
- Rule of Reasonable Expectations
- Illusory Coverage Doctrine
- PRACTICAL LITIGATION STRATEGIES
4:00 - 4:45, Samuel B. Cavnar and Kenneth M. Florey
- Common Allegations and Defenses
- Sample Pleadings
- Notice of Claim
- Procedural Issues
- Damages: What can be Recovered?
- Alternative Dispute Resolution
- Jury Instructions
- Trial Tips
- ETHICAL CONSIDERATIONS
5:00 - 6:00, Edward R. Glady Jr.
- Joint Defenses
- Conflict of Interest
- Representing Multiple Parties
- How Lawyers can Avoid Being Witnesses
This insightful course is designed for attorneys. It may also benefit insurance professionals, construction contractors, real estate professionals, lenders and paralegals.