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Modifying AIA Contract Documents: Advanced Strategies for Owners, Developers, and Contract...
November 3, 2021 CLE Live Webinar

This CLE course will provide construction counsel with advanced strategies for amending and modifying standard AIA contract documents. The panel will outline how counsel for owners, developers, and contractors can best modify these standard construction agreements--including drafting global riders t... Read More

Construction and Cyber Threats: Risks From Reliance on Technology for Planning, Design, an...
Cyber Insurance and Surety Bonds, Damages From Down Time, Breach of IP and Bid Data, Workf...
November 17, 2021 CLE Live Webinar

This CLE course will advise construction counsel about the growing risks of cyberattacks in the construction industry, spotlighting the recent ransomware attacks on Bird Construction and other construction companies. The panel will discuss how to recognize, address, and attempt to ward off cyber thr... Read More

Wrap Insurance for Construction Projects: Scope of Coverage, Resolving Coverage and Indemn...
December 8, 2021 CLE Live Webinar

This CLE course will provide insurance and real estate counsel with an analysis of the characteristics and function of wrap insurance programs, discuss their advantages and potential pitfalls, highlight critical coverage and exclusion issues, and outline solutions to thorny indemnification matters. Read More

Construction Contracts and Liquidated Damage Provisions: Qualifying Factors, Unenforceable...
October 13, 2021 CLE CLE On-Demand, Download

This CLE course will advise construction counsel on the best practices in negotiating a liquidated damage provision in a construction contract. The panel will discuss how to quantify proper damages, when the compensation is proper damages versus an unenforceable penalty, and how to avoid claims of m... Read More

Litigating Lost Productivity Claims in Construction: Developing Methodologies, ASCE Standa...
October 7, 2021 CLE CLE On-Demand, Download

This CLE course will guide construction counsel on best practices when pursuing and defending a lost productivity claim on a project. The panel will detail the methodologies for prosecuting a productivity claim and provide guidance on best practices for project management and field personnel to keep... Read More

Construction Risk Mitigation Prior to and During Catastrophic Events
Bid and Tender Stage Considerations, Alternative Construction Methodologies, Modifying Wor...
September 29, 2021 CLE CLE On-Demand, Download

This CLE course will advise construction counsel on best practices for preparing for catastrophic events, from wildfires to extreme heat to hurricanes and tornadoes. The panel will discuss how the more active, severe weather and climate activity of the last few years has led to construction projects... Read More

No Change Order Agreements in Construction: Mitigating Risks to Contractors and Limiting C...
September 15, 2021 CLE CLE On-Demand, Download

This CLE course will advise construction counsel on the increased practice of limiting or removing all modification provisions from written agreements. The panel will address how no change order (CO) contracts should be employed and how to mitigate liability when a project's circumstances are altere... Read More

Price Escalation Clauses in Construction Contracts: Mitigating Risks for Owners, Contracto...
August 25, 2021 CLE CLE On-Demand, Download

This CLE course will discuss how the rapidly rising price increases for materials and supplies affect the construction industry and what steps all stakeholders can take to mitigate risks from those changes. The panel will address how specific types of construction contracts allocate liability, when... Read More

Construction Employers and OSHA Violations: Willful Violations, Civil and Criminal Penalti...
Recent Federal Cases Against Contractors, Best Practices and Operating Procedures
August 11, 2021 CLE CLE On-Demand, Download

This CLE course will provide construction counsel with advice based on recent decisions by the Occupational Safety and Health Review Commission that found contractors were liable for hazardous working conditions and subject to civil and criminal penalties for these worker safety violations. The pane... Read More

Drafting Construction Joint Check Agreements: Contractor Liability, Supplier Payment and L...
July 14, 2021 CLE CLE On-Demand, Download

This CLE course will advise construction counsel on best practices when drafting and enforcing a joint check agreement. The panel will discuss the issues regarding written consent and agreement of all parties and what constitutes valid consideration, particularly when a dispute arises with a supplie... Read More

Additional Insured Coverage in Construction Contracts and Interplay With Contractual Indem...
June 24, 2021 CLE CLE On-Demand, Download

This CLE course will provide attendees with a review of key issues in, and the evolution of, additional insured (AI) coverage under commercial general liability policies, the interplay between contractual indemnification and AI coverage, and best practices to maximize AI coverage and for insurers to... Read More

Construction Delays and Cost Overruns in 2021: Supply Chain Issues, Concurrent Delays and...
Contractors, Subs, Developers, Owners: Identifying, Assessing, and Mitigating Project Impa...
June 9, 2021 CLE CLE On-Demand, Download

This CLE course will advise construction counsel on the continued impact of COVID-19 construction projects and the legal implications that may arise from business interruptions due to the global supply chain's erratic status. The panel will address counsel for various construction stakeholders who c... Read More

Revising Construction AIA Contracts and Effective Risk Transfer: Waivers of Subrogation an...
Allocating Liability Amongst Owners, Designers, Architects, GCs, and Subcontractors
May 26, 2021 CLE CLE On-Demand, Download

This CLE course will address construction counsel's concerns on risk management via the use of waivers of subrogation and builder's risk insurance policies. The panel will discuss revising AIA and other standard forms to equitably distribute liabilities among the contracting parties--general contrac... Read More

Construction of Healthcare Facilities: Procurement of Funding, Zoning, Environment Constra...
Regulatory Expectations, Fiduciary Responsibilities, Compliance Considerations, Feasibilit...
May 20, 2021 CLE CLE On-Demand, Download

This CLE course will prepare construction counsel drafting contracts and advising on developing healthcare facilities to address contractual and regulatory issues that take the project from conception to completion. The panel will discuss how to address issues of funding, zoning, and, when applicabl... Read More

Revising Construction Payment Provisions: Addressing Change Orders, Extra or Nonconforming...
Modifying AIA Article 7; Oral Changes; Cardinal Change; Defective Plans; Additional or Una...
May 12, 2021 CLE CLE On-Demand, Download

This CLE course will address advanced payment issues in construction projects, including change orders and extra work. The panel will provide practical guidance to construction practitioners for differentiating between real versus perceived changes; undocumented oral change orders; changes due to de... Read More

Condominium Construction Defect Litigation: Timeliness, Damages, Defenses, Causes of Actio...
May 5, 2021 CLE CLE On-Demand, Download

This CLE course will provide construction counsel with guidance on the unique issues surrounding bringing a construction defect claim on behalf of a condominium association and defending such a claim. The panel will address the issues of filing a timely claim, establishing who is the proper plaintif... Read More

Drafting Expert Determination Clauses in Construction Contracts: Scope of Disputes, Qualif...
April 28, 2021 CLE CLE On-Demand, Download

This CLE course will guide construction counsel in drafting tailored expert determination clauses in their agreements to reduce costs and increase enforceability. The panel will address the unique challenges created by construction disputes and the need for an independent expert clause that extends... Read More

EPC vs. EPCM in Construction Projects: Limiting Costs, Assessing Risks, and Determining Co...
April 7, 2021 CLE CLE On-Demand, Download

This CLE course will discuss the differences between engineering, procurement, and construction (EPC) contracts and engineering, procurement, construction, and management (EPCM) contracts in large construction projects. The panel will discuss varying roles of the lead contractor in both environments... Read More

Performance Bonds and CGL Insurance in Construction Projects: Navigating Interplay Between...
Minimizing Risks and Maximizing Recovery for Defective Workmanship and Property Damage
March 17, 2021 CLE CLE On-Demand, Download

This CLE course will review the critical differences between insurance and suretyship and the interplay between CGL policies and performance bonds for losses involving defective work or property damage. Our panel of experts will discuss best practices to minimize construction project risk through bo... Read More

Negotiating Construction Liability Claims: Architects, Engineers, and Other Design Profess...
Evolving Theories of Liability and Defenses, Minimizing Risk Through Contract Provisions a...
February 17, 2021 CLE CLE On-Demand, Download

This CLE course will provide counsel with a review of the scope of risks facing architects, engineers, and construction design professionals, discuss recent trends and developments in theories of liability and defenses, and provide proactive approaches to minimize the risk of liability through effec... Read More

Construction Contracts and Augmented Reality: Ownership, Breaches, Allocation of Liability...
February 10, 2021 CLE CLE On-Demand, Download

This CLE course will provide construction counsel with advice on developments in augmented reality (AR) and virtual reality (VR), focusing on how these new tools are being incorporated into the design of a project, the monitoring of its progress, the impact on job site safety programs, and how these... Read More

Builder's Risk Coverage for Construction Defects and Accidents Caused by Defective Workman...
Navigating Mere Defective Workmanship, Accidents and External Causes, Express Exclusions
January 26, 2021 CLE CLE On-Demand, Download

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. Read More

Construction OCIP/CCIP Insurance Programs: Potential Coverage Gaps and Other Coverage Pitf...
Coordinating With Other Policies; Issues With Unenrolled Subs and Additional Insureds
January 12, 2021 CLE CLE On-Demand, Download

This CLE course will analyze some of the potential coverage gaps and other coverage pitfalls possible in owner-controlled insurance programs (OCIP) and contractor-controlled insurance programs (CCIP) policies. The panel will address practical steps that the wrap sponsor and subcontractors can take t... Read More

Successful Construction Arbitration: Forum Selection, Forensic Experts, Damages and Attorn...
Consolidation and Joinder Rules Under State Law and FAA, Structuring Case Management, Disc...
December 9, 2020 CLE CLE On-Demand, Download

This CLE course will provide construction counsel with guidance on the process of successfully navigating an arbitration of a dispute. The panel will explain how to structure arbitration provisions that reflect the selection of forum, arbitrators, and case management scope, including discovery and m... Read More

Construction Claims and Liens: Notice, Documentation, and Protection of Rights of Subcontr...
December 2, 2020 CLE CLE On-Demand, Download

This CLE course will guide construction counsel in the best methods of securing claims and liens for subcontractors and suppliers and what defenses an owner or general contractor may have. Lien rights and remedies vary greatly between states, and these distinctions are often difficult for owners, co... Read More

Construction Property Damage Claims: CGL Exclusions K, L, and M, Products-Completed Operat...
November 19, 2020 CLE CLE On-Demand, Download

This CLE course will discuss the scope of the CGL exclusions for property damage in the context of construction claims and the applicability of products-completed operations hazard coverage. The panel will review how the courts are applying the exclusion and best practices for formulating arguments... Read More

Structuring Architect, Engineering, and Design Contracts: Limiting Risk, Liability and Def...
November 4, 2020 CLE CLE On-Demand, Download

This CLE course will provide counsel with a review of the scope of risks facing architects, engineers, and construction design professionals, discuss recent trends and developments in theories of liability and defenses, and provide proactive approaches to minimize the risk of liability through effec... Read More

Construction Defect Insurance Claims: Policyholder and Insurer Perspectives
Business Risk and Other Exclusions, Triggers, Priority of Coverage, and Contractual Risk T...
October 21, 2020 CLE CLE On-Demand, Download

This CLE course will provide construction and insurance counsel with a review of evolving insurance coverage issues and recent key case law developments in construction defects claims. The panel will outline best practices for counsel to parties on either side of a dispute to resolve construction de... Read More

Design-Assist vs. Design-Build: Capitalizing on the Efficiencies while Addressing the Risk...
September 30, 2020 CLE CLE On-Demand, Download

This CLE course will address the distinction between design-assist and design-build in design and construction. Design-build presents an alternative to the classic design-bid-build project delivery method; design-assist presents a supplement to both delivery methods. While design-build and design-as... Read More

Complexities of Builder's Risk Insurance Claims: Ownership of Policy, Amount and Type of C...
Evaluation of Policies Based on Pricing Considerations, Location, Environmental Factors, T...
September 9, 2020 CLE CLE On-Demand, Download

This CLE course will address the complexities of builder's risk insurance (BRI) coverage, including who should hold the policy (the owner or the contractor), how much coverage for property versus delay damage, and how to cover gross profits, loss of income and continuing expenses. Our panel will pro... Read More

Proving Construction Contract Damages: Maximizing Claims, Seeking Equitable Relief, and Re...
August 27, 2020 CLE CLE On-Demand, Download

This CLE course will provide construction counsel with practical advice on proving or defending claims to maximize the relief sought, including strategies for pursuing or defending recovery of attorney's fees as the prevailing party in a construction dispute. Read More

Cost-Plus Construction Contracts: Change Orders, Audit Provisions, Negotiating Disputes, T...
August 24, 2020 CLE CLE On-Demand, Download

This CLE course will discuss cost-plus construction contracts, addressing when it is most advantageous to use, as well as the most severe drawbacks. The panel will provide examples to assist construction counsel on how to best document the changes that lead to future disputes, how best to audit a pr... Read More

AIA Contract Documents: 2017 Modifications, Insurance and Bond Exhibit, Owner-Contractor D...
June 24, 2020 CLE CLE On-Demand, Download

This CLE course will address the 2017 modifications to the AIA Construction Contracts Documents. The panel will devote significant attention to the creation of the Insurance and Bonds Exhibit. Read More

Construction Challenges During COVID-19: Suspensions, Delays, Workforce Depletion, and Oth...
June 3, 2020 CLE CLE On-Demand, Download

This CLE course will address the impact of COVID-19 on private and federal construction projects and the legal implications that may arise from business interruptions due to restricted supply chains and a depleted workforce. The panel will further address how to proactively handle prospective constr... Read More

Construction Delay Claims: Litigating Disputes Over Design Changes, Differing Site Conditi...
May 26, 2020 CLE CLE On-Demand, Download

This CLE course will guide construction counsel on effective strategies for proving or defending claims for construction delay damages. The panel will also outline best practices to minimize construction delay litigation. Read More

Miller Act Claims: Compliance With the Bond, Prosecution, and Defense Strategies for Gener...
May 13, 2020 CLE CLE On-Demand, Download

This CLE course will discuss strategies for litigating federal and state-level Miller Act claims. The panel will offer guidance based on the decision in the K-Con case and the Christian doctrine, best practices in pursuing and defending against violations, and preemptive measures builders, subcontra... Read More

Construction Defect Claims: Allocation Among Contractor and Subcontractor Policies, Additi...
Impact of Horizontal vs. Vertical Exhaustion Rules on Multiple Layers of Coverage
May 6, 2020 CLE CLE On-Demand, Download

This CLE course will discuss vertical vs. horizontal insurance coverage exhaustion in construction defect disputes. The program will analyze the impact of exhaustion on allocation between the contractor's primary and excess coverage, the priority of payment between the contractor and its subcontract... Read More

Price Structuring in Construction Contracts: Advantages and Pitfalls of GMP, Cost-Plus, an...
April 30, 2020 CLE CLE On-Demand, Download

This CLE course will examine several distinct versions of AIA construction contracts that attempt to allocate the costs between the contractor and the owner. The panel will explain the advantages and disadvantages of guaranteed maximum price (GMP) agreements, comparing a cost-plus contract with and... Read More

Construction Contracts: Waivers of Subrogation, Indemnification, and Contribution
Complexities and Pitfalls of Waiver Provisions for Contractors, Owners, and Insurer
April 8, 2020 CLE CLE On-Demand, Download

This CLE course will provide construction counsel with a review of the validity and effect of waiver of subrogation, indemnification and contribution clauses in construction contracts, how courts interpret waiver provisions, and the impact on all parties to the agreement. Read More

Structuring Construction Contract Insurance, Indemnification, and Limitations on Liability...
March 11, 2020 CLE CLE On-Demand, Download

This CLE course will provide construction counsel with approaches for crafting insurance and indemnification provisions and negotiation strategies to mitigate risk. Read More

Payment and Performance Surety Bonds in Construction Projects: Perspectives of Owners, Con...
Asserting and Defending Surety Bond Claims and Exploring a Cost Effective Alternative to P...
March 4, 2020 CLE CLE On-Demand, Download

This CLE course will provide construction counsel with a review of payment and performance bond coverage issues. The panel will outline key aspects of bond disputes and discuss best practices to maximize recovery and protect interests in disputes. Read More

Occurrences in Construction Defects Claims: Navigating Divergent Views to Maximize Coverag...
February 6, 2020 CLE CLE On-Demand, Download

This CLE course will provide insights to insurance counsel to policyholders and insurers on the legal theories of construction defects constituting "occurrences." The panel will discuss whether construction defects are single or multiple occurrences and outline best practices to evaluate constructio... Read More

Construction Builder's Risk and CGL Insurance: Scope of Coverage, Covered Losses, Exclusio...
Mitigating Construction-Related Disputes; Key Challenges for Claims Under Builder's Risk v...
January 29, 2020 CLE CLE On-Demand, Download

This CLE course will provide counsel for construction contractors and developers with an analysis of evolving coverage issues in builder's risk and CGL insurance for construction projects. The panel will discuss how these policies work to mitigate developer and contractor risks, the use of additiona... Read More

Defeating Reptilian Tactics in Construction Litigation
Responding to Reptile Techniques During Discovery, Deposition, Voir Dire, Opening Statemen...
November 19, 2019 CLE CLE On-Demand, Download

This CLE course will guide construction litigators in recognizing and combating the trial strategy of leveraging the so-called "reptile theory" in construction claims. The panel will discuss the increased use of reptilian tactics by plaintiffs' attorneys and how defense counsel can strategically con... Read More

Construction Disputes: Statutes of Limitation and Repose in Indemnity and Contribution Cla...
Advanced Issues, State Law Differences, Discovery Rule, Substantial Completion, Triggering...
October 10, 2019 CLE CLE On-Demand, Download

This CLE course will provide practical guidance on the application of statutes of limitations and repose to indemnity and contribution claims in construction disputes. The panel will address the interrelationship between the discovery rule, contractual indemnity, common law indemnity, and contributi... Read More

Avoiding Gaps in Wrap Insurance Coverage for Construction Projects
Conflicts and Reservations; Subrogation; Insufficient Limits; Reservations of Rights; Dedu...
September 25, 2019 CLE CLE On-Demand, Download

This CLE course will guide construction counsel, construction executives, and insurance brokers in addressing the issues and pitfalls with commercial and residential wrap insurance programs, and the coverage issues that often arise--including potential coverage gaps and eroding or inadequate limits-... Read More

Construction Management Agreements: Key Provisions, Common Areas of Dispute, and Minimizin...
June 17, 2019 CLE CLE On-Demand, Download

This CLE course will provide construction counsel with guidance for crafting key provisions in construction management agreements. The panel will discuss clauses that should be carefully negotiated in these agreements and provide practical strategies to avoid common drafting pitfalls, minimize contr... Read More

Contracts, Tariffs and Rising Material Costs: Strategies for Risk Allocation
Advanced Guidance for Counsel to Owners, Contractors, Subcontractors and Suppliers
May 14, 2019 CLE CLE On-Demand, Download

This CLE course will discuss the ongoing escalation of material prices in the construction industry and provide practical insights for counsel to owners, contractors, subcontractors and suppliers in mitigating such risks. Read More

Changes to AIA Contract Documents: What Construction Lawyers Need to Know
New Insurance and Bonds Exhibit, Owner-Contractor Documents, Owner-Architect Agreements, a...
April 16, 2019 CLE CLE On-Demand, Download

This CLE course will explain critical modifications to the AIA Construction Contracts Documents, released in 2017. The panel will devote significant attention to the creation of the Insurance and Bonds Exhibit. Read More

Managing the Risk in CMAR Contracts: Guidance for Owners, Contractors and Subs
Negotiating and Drafting Risk Allocation Provisions, Interplay With Other Contract Terms
March 20, 2019 CLE CLE On-Demand, Download

This CLE course will guide construction lawyers on negotiating and drafting risk-shifting provisions in construction manager at risk (CMAR) contracts. Because the dynamics between owners, contractors and subs differ so vastly from the arrangement typical to design-build and other project delivery me... Read More

Changes to ConsensusDocs Construction Contracts: What Lawyers Need to Know
Default for Builder's Risk, Indemnification, Notice, Payment, Dispute Mitigation and Resol...
February 26, 2019 CLE CLE On-Demand, Download

This CLE course will explain critical modifications to the ConsensusDocs Construction Contracts Documents, released in 2017. You will learn the most significant revisions to the prime and subcontractor agreements used in the design-bid-build, design-build, and CM At-Risk agreements. This webinar wil... Read More

Litigating Professional Liability Claims in Construction Projects
Emerging Theories of Recovery, Insurance Coverage, Best Practices for Pursuing and Defendi...
December 20, 2018 CLE CLE On-Demand, Download

This CLE course will provide construction practitioners with insight on litigating and defending professional liability claims in complex construction projects. The panel will discuss theories of liability and best practices in pursuing and defending claims against professional service providers as... Read More

Daubert Motions in Construction Litigation: Standards for Expert Witnesses in Design and D...
Effective Approaches for Raising or Defending Daubert Challenges to Admitting Expert Testi...
December 6, 2018 CLE CLE On-Demand, Download

This CLE course will provide counsel with an analysis of how courts apply the Daubert/Frye standards (and comparable state standards) to the presentation of expert testimony in construction disputes. The panel will outline effective approaches to raise or defend a challenge to the admission of exper... Read More

Construction Acceleration Claims and Defenses: Strategies for Owners, General Contractors,...
November 15, 2018 CLE CLE On-Demand, Download

This CLE course will provide construction practitioners with strategies for pursuing, defending and preventing acceleration claims. The panel will discuss the perspectives of owners, general contractors and subcontractors, offer guidance for managing claims, and discuss contractual provisions that c... Read More

Downstream Insurance Coverage in Complex Construction Projects: Vetting to Mitigate Risk
Interplay With Contractual Indemnity Between Owners, General Contractors, Subs, and Vendor...
October 10, 2018 CLE CLE On-Demand, Download

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 protect... Read More

2017 AIA Construction Documents: New Insurance Requirements
New Insurance and Bond Requirements Exhibit, A-201 Article 11
July 12, 2018 CLE CLE On-Demand, Download

This CLE course will guide construction counsel through the new insurance provisions of the 2017 American Institute of Architects (AIA) Form. Our panel will discuss critical updates to the insurance requirements, their interplay with other AIA Form provisions, and practical considerations for partie... Read More

Construction Professional Services Agreements
Key Provisions, Common Areas of Dispute, and Streamlined Contract Negotiations
January 18, 2018 CLE CLE On-Demand, Download

The CLE course will provide construction counsel with guidance for crafting key provisions in construction professional services agreements (PSAs). The panel will discuss clauses that should be carefully negotiated in the agreements and strategies to avoid common drafting pitfalls and resolve contra... Read More

Coverage Pitfalls for Additional Insureds: Interplay With SIRS and "Other Insurance Provis...
September 6, 2017 CLE CLE On-Demand, Download

This CLE course will discuss key pitfalls facing AIs in ensuring adequate coverage, including the presence of a self-insured retention (SIR) in the named insured's policy, the impact of "other insurance" provisions in the named insured's policies, and the interpretation of the insuring clause in the... Read More

Construction Subcontractor Default Insurance: Maximizing SDI Coverage and Streamlining the...
Evaluating SDI as Risk Mitigation Vehicle, Minimizing Pitfalls of SDI Policies Covering Co...
May 31, 2017 CLE CLE On-Demand, Download

This CLE course will discuss construction subcontractor default insurance (SDI) as an alternative to performance bonds, the factors that should be considered in weighing SDI as an acceptable vehicle for performance risk protection, and best practices to maximize SDI coverage and streamline the claim... Read More

Builders Risk and Liability Coverage: Navigating the Interplay for Construction Accidents...
Reconciling Overlapping Exclusions, Other Insurance Provisions, Primary vs. Excess Policie...
May 2, 2017 CLE CLE On-Demand, Download

This CLE course will provide counsel for construction owners and contractors with an analysis of the interplay between builder's risk and CGL insurance for construction projects. The panel will discuss how they work in tandem, but also focus on the specific challenging issues and uncertainty counsel... Read More

Occurrences in Construction Defects Claims: Triggering Coverage and Interpreting Exclusion...
Navigating Divergent Court Views to Maximize Coverage or Limit Liability
February 23, 2017 CLE CLE On-Demand, Download

This CLE course will provide insights to insurance counsel to policyholders and insurers on the legal theories of construction defects constituting "occurrences." The panel will outline best practices to evaluate construction defect coverage under CGL policies. Read More

Construction Defect Bad Faith Insurance Claims: Navigating Duty to Defend and Indemnify De...
Assessing Faulty Workmanship, Business Risk Exclusions, AI Issues, Failure to Settle Withi...
December 15, 2016 CLE CLE On-Demand, Download

Allegations of bad faith claims handling often accompany insurance coverage disputes involving construction defect claims. This CLE webinar will walk attendees through current trends in bad faith claims arising out of such disputes, including defense/settlement and other claims handling issues. The... Read More

Navigating Performance Bonds, Subcontractor Default, and CGL Coverage for Defective Workma...
December 13, 2016 CLE CLE On-Demand, Download

This CLE course will provide construction and insurance counsel with a review of the key differences between CGL insurance, performance bonds and subcontractor default insurance in covering risk for owners and contractors emanating from defective workmanship and property damages. The program will pr... Read More

Construction Defect Indemnity Obligations Under CGL Policies: Identifying Covered vs. Non-...
Leveraging Insurance Coverage Arguments for Contractors, Subcontractors and Insurers
August 23, 2016 CLE CLE On-Demand, Download

This CLE course will discuss an insurer's indemnity obligations in construction defect claims and how to distinguish between covered and non-covered damages. The program will review the issues from the perspective of both the insurer and the general contractor or subcontractor. Read More

Construction Payment and Performance Bond Bad Faith Litigation: Bringing or Defending Clai...
June 30, 2016 CLE CLE On-Demand, Download

This CLE course will instruct construction counsel how to bring or defend bad faith claims regarding performance and payment bonds in the construction arena. The program will discuss extra-contractual theories of liability that have been accepted and rejected by courts and provide perspectives of bo... Read More

Construction Design and Defect Litigation: Using Daubert/Frye to Challenge Admissibility o...
May 3, 2016 CLE CLE On-Demand, Download

This CLE course will provide counsel with an analysis of how courts apply the Daubert standard to the presentation of expert testimony in construction disputes. The panel will outline effective approaches for using Daubert to challenge the admission of expert testimony. Read More

Construction Defect Claims: Occurrences, Coverage Triggers and Exclusions Under CGL Polici...
Navigating Divergent Court Views to Maximize Coverage or Limit Liability
April 26, 2016 CLE CLE On-Demand, Download

This CLE course will provide insights to counsel for contractors and insurers on the legal theories of construction defects constituting "occurrences". The panel will discuss the distinction between the approaches taken by courts, whether specific factual allegations are required to trigger the duty... Read More

Construction Pollution Insurance Coverage
Analyzing Coverage Under Contractors Pollution Liability Policies, Navigating Pollution Ex...
March 1, 2016 CLE CLE On-Demand, Download

This CLE course will provide construction counsel with an understanding of the scope of insurance coverage and definition of policy exclusions for pollution damages arising from construction activities, products and debris. The program will review of the scope of varying forms of the pollution cover... Read More

Builders Risk Coverage: Navigating Hard and Soft Costs, Delay in Opening Expenses and Cons...
Strategies for Contractors and Insurers to Resolve Recurring and Costly Disputes
November 18, 2015 CLE CLE On-Demand, Download

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. Read More

Construction Contracts: Best Practices for Payment, Changes and Damages Provisions
August 26, 2015 CLE CLE On-Demand, Download

This CLE course is for real estate development and construction principals, professionals, and attorneys who draft or review construction contracts. The panel will explain common pitfalls that arise when enforcing contracts and best practices to understand the risks, mitigate the risks, and resolve... Read More

Construction Insurance Claims: Consent Judgments and Coblentz Settlement Agreements
Navigating the Contours of Permissible Insured/Third Party Claimant Settlements vs. Unreas...
June 17, 2015 CLE CLE On-Demand, Download

This CLE course will examine the use of collaborative settlements between insured contractors and third-party plaintiffs as a strategy to pressure the contractor's insurer into indemnification after denying coverage. The panel will discuss the factors courts consider in deciding whether a settlement... Read More

Construction Insurance: Tendering Your Claim to the Correct Carrier, Understanding Carrier...
Navigating Indemnity, Contribution and Subrogation to Determine the Appropriate Liability...
February 18, 2015 CLE CLE On-Demand, Download

This CLE course will provide guidance to counsel to contractors and developers on allocation of defense and indemnity exposure between a contractor's direct coverage and additional insured coverage provided by subcontractors. The panel will focus on the interplay between subrogation and contribution... Read More

Construction Subcontractor Default Insurance: A Viable Alternative to Performance Bonds?
Evaluating the Pros and Cons of SDI Insurance as a Risk Mitigation Vehicle for Contractual...
September 30, 2014 CLE CLE On-Demand, Download

This CLE course will discuss construction subcontractor default insurance (SDI) as a potential alternative to performance bonds, the key differences between SDI and surety bonds, the benefits and disadvantages of SDI, and the factors that should be considered in weighing SDI as an acceptable vehicle... Read More

Construction Defect Claims: Navigating the CGL Contractual Exclusion Amid Varying Court In...
Advocating Coverage From Perspectives of Commercial Developers, Design Professionals, Cont...
June 24, 2014 CLE CLE On-Demand, Download

This CLE course will provide counsel to construction companies and developers a historical view of CGL contractual liability exclusion and ISO form changes. The panel will explain the scope and applicability of the exclusion and its exceptions to construction defect claims, its impact on contractual... Read More

Construction Design Professional Insurance and Indemnity: Reconciling Coverage With Contra...
Assessing Indemnification, Additional Insured and Other Service Provider Agreement Terms t...
February 4, 2014 CLE CLE On-Demand, Download

This CLE course will review scope of coverage in PLI and CGL policies for design professionals, analyze coverage triggers, covered damages and exclusions, and discuss reconciling policy provisions with performance standards, indemnity, additional insured and other service agreement terms to minimize... Read More

Design Professional Liability in Construction: Minimizing Risk Through Contract Terms
Defining Scope of Liability, Evaluating Risks of Project Delivery Models, and Leveraging A...
December 3, 2013 CLE CLE On-Demand, Download

This CLE course will provide counsel with a review of recent court decisions addressing the scope of design professional liability, discuss the impact of the latest project delivery models on liability, and outline proactive approaches to minimize the risk of liability, including effective contract... Read More

Additional Insured and Contractual Indemnity Coverage in Commercial and Construction Contr...
Reconciling Contractual Obligations With Policy Terms to Maximize Coverage
August 7, 2013 CLE CLE On-Demand, Download

This CLE course will provide insurance counsel with a review of key issues in additional insured (AI) coverage, the interrelationship between contractual indemnification and AI coverage, best practices to maximize AI coverage, and the use of AI and contractual indemnification in construction contrac... Read More

Building Information Modeling Technology: Identifying and Mitigating Legal Risks
Evaluating BIM's Impact on Construction Projects, Potential Liability and Contracting Issu...
July 30, 2013 CLE

This CLE course will provide guidance to counsel representing owners, architects and contractors using building information modeling (BIM) technology. The panel will discuss potential legal risks with BIM and approaches to minimize risk, including contracting, licensing, information management and c... Read More

Construction Claims: Effective Discovery Tactics
Best Practices for Document Collection, Review and Production
June 26, 2013 CLE CLE On-Demand, Download

This CLE course will guide construction litigators in managing complex discovery issues in construction claims, including electronic and paper document collection, review and production. Read More

Construction Projects and ADA Accessibility Compliance
Drafting Design and Construction Contracts to Manage ADA Risks
May 21, 2013 CLE CLE On-Demand, Download

This CLE course will update construction counsel on the latest ADA requirements applicable to new and modified construction projects. The panel will provide guidance for drafting design and construction contract provisions to minimize the risks of noncompliance with ADA requirements. Read More

Alternative Delivery Construction Projects: Assuring Performance and Minimizing Risk
Leveraging Letter of Credit, Bond and Insurance Options for Traditional and Non-traditiona...
March 6, 2013 CLE CLE On-Demand, Download

This CLE course will provide construction counsel with an overview of the alternative construction project delivery methods, their inherent risks, and how to evaluate traditional options to hedge against non-performance in non-traditional construction contracts. Read More

LEED Contracting: Latest Developments
Minimizing Liability Through Effective Green Building Contracts and Insurance Coverage
November 27, 2012 CLE CLE On-Demand, Download

This CLE course will prepare counsel for architects, contractors and building owners to identify and minimize LEED certification litigation risks. The panel will provide best practices to mitigate risk during construction contract negotiation and drafting--and when evaluating insurance coverage. Read More

Design Professional Insurance: Evaluating Coverage and Contractual Risks
Reconciling Indemnification, Additional Insured and Other Terms of the Service Provider Ag...
November 15, 2012 CLE CLE On-Demand, Download

This CLE course will review scope of coverage in PLI and CGL policies; analyze coverage triggers, covered damages and exclusions; and discuss reconciling policy provisions with performance standards, indemnity, additional insured and other service agreement terms to minimize risks to the design prof... Read More

Builder's Risk Insurance for Construction Projects: Legal Issues
Evaluating Scope of Coverage, Policy Exclusions and Coverage Extensions and Sub-Limits
June 6, 2012 CLE CLE On-Demand, Download

This CLE course will provide counsel for construction contractors and developers with an analysis of evolving coverage issues in builder's risk insurance and recent case law developments. The panel will outline best practices for counsel to structure coverage and resolve coverage disputes that arise... Read More

LEED Certification Litigation: Emerging Risks
Minimizing Liability Through Green Building Contracts and Effective Insurance Coverage
December 20, 2011 CLE CLE On-Demand, Download

This CLE course will prepare counsel for architects, contractors and building owners to identify and minimize LEED certification litigation risks. The panel will provide best practices to mitigate risk during construction contract negotiation and drafting--and when evaluating insurance coverage. Read More

Construction Defect Damages Claims
Proving or Defending Damages For Latent and Patent Defects
November 15, 2011 CLE CLE On-Demand, Download

This CLE course will provide guidance to construction counsel on effective approaches for proving or defending against claims for construction defect damages. The panel will also outline best practices to minimize liability for construction defects during contract negotiations. Read More

Insurance Coverage for Design-Build Construction Projects
Maximizing CGL, PLI and AI Coverage to Mitigate Risks for D-B Contractors
September 15, 2011 CLE CLE On-Demand, Download

This CLE course will offer counsel to design-build construction projects a review of scope of coverage in commercial general liability, professional liability and umbrella policies. The panel will discuss coverage triggers, covered damages, exclusions and policy conditions and offer best practices t... Read More

Integrated Project Delivery Agreements in Construction Contracting
Crafting IPD Contracts Using the AIA and ConsensusDOCS Forms
July 13, 2011 CLE CLE On-Demand, Download

This CLE course will provide guidance to construction counsel for evaluating whether and when to use the AIA or ConsensusDOCs form documents for integrated project delivery (IPD) agreements. The panel will explain the key features of the forms and discuss issues that frequently arise during contract... Read More

Drafting Records Retention Policies for Construction Projects
Implementing Document Management Policies to Mitigate Risks, Reduce Costs and Minimize Dis...
March 29, 2011 CLE CLE On-Demand, Download

This CLE course will provide guidance to construction counsel for electronic document management policies and procedures during the course of a construction project. The panel will also explain strategies for preparing for construction litigation, including meeting e-discovery requirements. Read More