Builders Risk Coverage: Navigating Hard and Soft Costs, Delay in Opening Expenses and Construction Delay Measurement
Strategies for Contractors and Insurers to Resolve Recurring and Costly Disputes
Recording of a 90-minute CLE webinar with Q&A
This CLE program will discuss the scope of coverage for builders risk insurance coverage, how to measure and prove construction delays, and the common areas of disputes between contractors and insurers such as defective design and workmanship, ensuing loss and length of delay.
Outline
- Scope of coverage
- Hard costs
- Soft costs
- Delay in opening
- Measuring construction delay
- Delay in construction schedule
- Period of business interruption and restoration
- Delay due to contractor or subcontractor default
- Coverage for “ensuing loss” regulating from defective design or workmanship
Benefits
The panel will address these and other key issues:
- What are the common business interruption issues that arise in the context of builders risk claims?
- What are the common schedule analysis methodologies for measuring construction delay?
- What is the difference between period of restoration and period of indemnity?
- How have various courts interpreted conduct that constitutes defective workmanship?
Faculty

Dan Millea
Partner
Zelle Hofmann Voelbel & Mason
Mr. Millea’s practice is focused on property insurance, reinsurance and financial services litigation. He has... | Read More
Mr. Millea’s practice is focused on property insurance, reinsurance and financial services litigation. He has worked with a number of insurers defending coverage actions related to major claims involving property damage, construction issues, business interruption, contingent time element and bad faith claims. Mr. Millea is a frequent author and lecturer on insurance law topics, among others.
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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
Mr. Pepe focuses his practice on complex insurance coverage issues on behalf of policyholders, and has advocated for his clients at trial, on appeal and in ADR settings. He routinely handles issues dealing with commercial liability, builders’ risk, additional insured claims, indemnity, and the duty to defend. Prior to joining the firm, Mr. Pepe represented general contractors, subcontractors, architects and homeowners in contract disputes, construction defect claims, and surety bond claims.
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William D. Wilson
Partner
Mound Cotton Wollan & Greengrass
Mr. Wilson has over 20 years of experience in all aspects of commercial litigation. His practice includes... | Read More
Mr. Wilson has over 20 years of experience in all aspects of commercial litigation. His practice includes insurance defense, insurance coverage disputes, subrogation, contract disputes, products liability, employer liability, premises liability, and general negligence. Mr. Wilson has litigated cases in state and federal courts throughout the United States. He has authored articles and lectured on a number of insurance and general litigation topics and is an adjunct professor of law at Seton Hall University School of Law.
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