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 Tuesday, August 27, 2019

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will discuss the scope of builder's risk insurance (BRI) coverage for construction accidents and defects caused by defective workmanship, accidents, and external causes.

Description

Construction project accidents and defects are costly and complicated, and often result in hotly fought and extended battles over BRI coverage. One of the more common coverage disputes is whether there is builder's risk coverage for defective workmanship.

Many legal issues impact BRI recovery for construction accidents or defects caused by defective workmanship. Unlike CGL policies commonly used in the US, there is no standard form BRI policy, so coverage is sometimes dependent on subtle distinctions in BRI policy terms and language.

Counsel representing construction owners, contractors and insurance companies must understand critical issues such as defective workmanship, accidents and external causes, applicability of exclusions such as those for defective workmanship, exceptions to those exclusions, business interruption or soft costs coverage, as well as “other insurance” and priority of coverage arguments.

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

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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 crucial issues:

  • What factors do courts look at in determining whether a construction defect has caused physical damage or loss triggering BRI coverage?
  • How have courts interpreted express policy exclusions for defective workmanship?
  • How have courts interpreted ensuing loss provisions that may provide coverage even where the defective workmanship exclusion applies?
  • How are claims by multiple insureds arising out of the same event or occurrence treated?

Faculty

Bobotek, James
James P. Bobotek

Partner
Pillsbury Winthrop Shaw Pittman

Mr. Bobotek guides clients through all phases of development and construction of commercial properties, including...  |  Read More

Pepe, Michael
Michael V. Pepe

Partner
Saxe Doernberger & Vita

Mr. Pepe focuses his practice on complex insurance coverage issues on behalf of policyholders, and has advocated for...  |  Read More

Silberstein, Dawn
Dawn A. Silberstein

Of Counsel
Wilson Elser Moskowitz Edelman & Dicker

Ms. Silberstein is experienced representing insurance carriers and policyholders in litigation involving...  |  Read More

Other Formats
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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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