Downstream Insurance Coverage in Complex Construction Projects: Vetting to Mitigate Risk
Interplay With Contractual Indemnity Between Owners, General Contractors, Subs, and Vendors
Recording of a 90-minute CLE webinar with Q&A
This CLE course will guide counsel for project owners, general contractors, and subcontractors on mitigating the risks associated with the upstream/downstream dynamics of complex construction projects. The panel will discuss strategies for vetting downstream insurance coverage and maximizing protection for the parties by balancing indemnification and other terms between owner, GC, and subcontractor insurance policies.
- Upstream/downstream risk
- Owner perspectives
- General contractor perspectives
- Subcontractor perspectives
- Vendor perspectives
- Design professional perspectives
- Risk mitigation regimes
- Contractual indemnification
- Vetting insurance coverage
The panel will review these and other critical issues:
- What impact do anti-indemnity statutes have on transfer mechanisms between parties?
- What other jurisdictional factors play into the coverage and underlying contract language addressing upstream/downstream risk?
- What are best practices for vetting insurance coverage?
James J. Buldas
Williams Coulson Johnson Lloyd Parker and Tedesco
Mr. Buldas’ practice specializes in representing closely-held businesses and publicly traded companies in claims... | Read More
Mr. Buldas’ practice specializes in representing closely-held businesses and publicly traded companies in claims and suits involving construction, commercial, and insurance coverage disputes. He further provides risk management counseling to various businesses by effectively managing indemnity and insurance obligations. Mr. Buldas drafts and negotiates commercial contracts such as master services agreements, consulting services contracts, commercial property leases, sales agreements, and purchase orders.Close
Scott D. Cahalan
Smith Gambrell & Russell
Mr. Cahalan has substantial experience representing owners, contractors, subcontractors, engineers, architects,... | Read More
Mr. Cahalan has substantial experience representing owners, contractors, subcontractors, engineers, architects, suppliers, manufacturers and vendors in connection with construction, commercial and other business matters. His practice primarily consists of drafting and reviewing construction contracts, providing advice during construction and construction litigation, arbitration and mediation. Mr. Cahalan was the primary drafter of the Associated Owners and Developers’ AOD 2002 – Standard Form of Agreement Between Owner and Contractor Where the Price Is Fixed or Lump Sum, and the Associated Owners and Developers’ AOD 2003 – Standard Form of Agreement Between Owner and Contractor for Work on a Cost Plus Fee Basis With a Guaranteed Maximum Price. He has also given numerous seminars throughout the U.S. and Europe concerning construction contracts, implied contract obligations, claims, green building, construction insurance, and mechanics lien law. Since 2010, Mr. Cahalan has been an instructor at the Georgia Institute of Technology where he teaches Design and Construction Law.Close