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

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

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


Conducted on Tuesday, January 26, 2021

Recorded event now available

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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 builders' 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 U.S., 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, the applicability of exclusions such as those for defective workmanship, exceptions to those exclusions, and 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. (Jamie) Bobotek

Partner
Pillsbury Winthrop Shaw Pittman

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

Stockwell, Matthew
Matthew D. (Matt) Stockwell

Special Counsel
Pillsbury Winthrop Shaw Pittman

Mr. Stockwell is an experienced counselor and litigator and has handled high-profile insurance coverage and...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts.

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