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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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, July 11, 2023

Recorded event now available

or call 1-800-926-7926

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


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 the extent of 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 BRI insuring clauses, coverage extensions, the use of sublimits and exclusions to narrow coverage, exceptions to those exclusions, and business interruption or soft costs coverage, as well as 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.



  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


The panel will review these and other crucial issues:

  • Anatomy of a typical builders risk policy, coverage, and coverage extensions;
  • Factors courts look at in determining whether a construction defect has caused physical damage or loss triggering BRI coverage;
  • BRI exclusions, anti-concurrent causation language, and ensuing loss applicable to claims for defective workmanship; and
  • Interplay between coverage for defective workmanship under builders risk and commercial general liability policies.


Bobotek, James
James P. (Jamie) Bobotek

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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