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.
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.
- Physical damage or loss vs. mere defective workmanship
- Accidents and external causes
- Express exclusions for defective workmanship
- Inherent vice and latent defect exclusion
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?
Finley T. Harckham, Shareholder
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,
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.
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CLE Credits By State
The web conference covered the material in an efficient fashion without a lot of duplication.
Matthew W. Willis
Ashley Ashley & Arnold
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Michelle K. Holoubek
Sterne, Kessler, Goldstein & Fox
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Standard Chartered Bank
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Ropers, Majeski, Kohn & Bentley
Real Estate Law Advisory Board
Stroock & Stroock & Lavan
Robinson & Cole
Jenner & Block
Kilpatrick Townsend & Stockton
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