Builder's Risk Coverage for Construction Defects and Accidents Caused by Defective Workmanship

Navigating Mere Defective Workmanship, Accidents and External Causes, Express Exclusions, and More

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, January 26, 2017
Recorded event now available


This CLE webinar will discuss the scope of coverage for construction accidents and defects caused by defective workmanship, accidents and external causes. The panel will review express exclusions for defective workmanship and for the inherent vice and latent defect exclusion.

Description

Construction project accidents and defects are costly and complex and often result in hotly contested and extended battles over builder’s risk insurance (BRI) coverage. One of the more common coverage battles is whether there is builder’s risk coverage for defective workmanship.

There are many legal issues that impact recovery for construction accidents or defects caused by defective workmanship. As there is not a standard form BRI policy, coverage depends on subtle distinctions in policy terms and language.

Counsel representing both construction owners and insurance companies must understand key issues such as mere defective workmanship, accidents and external causes, express exclusions for defective workmanship, and the inherent vice and latent defect exclusion.

Listen as our authoritative panel of construction attorneys analyzes insurance coverage for construction accidents and defects caused by defective workmanship. The panel will discuss key issues that affect the potential recovery, including mere defective workmanship, accidents and external causes, express exclusions for defective workmanship, and the inherent vice and latent defect exclusion.

Outline

  1. Physical damage or loss vs. mere defective workmanship
  2. Accidents and external causes
  3. Express exclusions for defective workmanship
  4. Inherent vice and latent defect exclusion

Benefits

The panel will review these and other key issues:

  • What factors do courts look at in determining whether a construction defect has caused physical damage or loss as opposed to mere defective workmanship?
  • How have courts interpreted express policy exclusions for defective workmanship?
  • How have courts interpreted express policy exclusions for inherent vice and latent defects?

Faculty

Finley T. Harckham, Shareholder
Anderson Kill, New York

Mr. Harckham regularly represents and advises corporate policyholders in insurance coverage matters. He has successfully litigated, arbitrated and settled hundreds of complex coverage claims. His areas of particular focus include property loss, business interruption, directors and officers liability, construction, professional liability, aviation liability and general liability claims. He also founded two Anderson Kill non-legal subsidiaries, Anderson Kill Insurance Services, LLC, and Anderson Kill Loss Advisors, LLC, which provide insurance consulting and property and business interruption loss quantification and settlement services.

John S. Torigian, Member
Krell & Torigian, Houston

Mr. Torigian specializes in all areas of new project development, including construction issues, state and local sales and property tax, project planning and economic development incentives. He has over 35 years of experience representing owners, general contractors, subcontractors and suppliers with matters in a number of states ranging from New York to California. He is an active speaker at bar conferences and continuing legal education programs, and has had articles published in the Texas Bar Journal and other authoritative publications. He is also a regular contributor to West's Insurance Litigation Reporter.



Webinar

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Program Materials

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Program Materials

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CLE Credits

Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.

Customer Reviews

The web conference covered the material in an efficient fashion without a lot of duplication.

Matthew W. Willis

Ashley Ashley & Arnold

Strafford provided an excellent seminar on an interesting and important subject.

Joseph T. Mancuso

Hancock Estabrook

Very good.  Gave me exactly what I wanted.  The questions I emailed in were handled thoroughly.

James J. Long

Briggs & Morgan

I liked that Strafford's program covered real life situations and claims.

Renee Becnel

Occidental Petroleum

This was the first time our firm participated in a Strafford Webinar and it was very successful.

Cynthia Leonard

Birch, Stewart, Kolasch and Birch

Real Estate Law Advisory Board

David A. Barksdale

Partner

Ballard Spahr

Jacob Bart

Partner

Stroock & Stroock & Lavan

Brian W. Blaesser

Partner

Robinson & Cole

Ronald B. Grais

Counsel

Sugar Felsenthal Grais & Hammer

Ren R. Hayhurst

Partner

Bryan Cave

Thomas C. Homburger

Of Counsel

K&L Gates

Susan C. Tarnower

Counsel

Kilpatrick Townsend & Stockton

Clark T. Thiel

Partner

Pillsbury Winthrop Shaw Pittman

Our Guarantee

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