BarbriSFCourseDetails
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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Tuesday, July 11, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

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.

Faculty

James P. Bobotek
Partner
Pillsbury Winthrop Shaw Pittman LLP

Mr. Bobotek guides clients through all phases of development and construction of commercial properties, including preparation, review and negotiation of development, design, construction, design-build, and related agreements. He also counsels clients in analyzing insurance coverage claims, formulating risk management strategies, and developing contractual insurance requirements. Mr. Bobotek has secured many favorable outcomes for commercial policyholders on CGL, builder’s risk, commercial property, business interruption, E&O, cyber, professional liability, D&O, pollution, fidelity and other claims.

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Matthew D. Stockwell
Special Counsel
Pillsbury Winthrop Shaw Pittman LLP

Mr. Stockwell is an experienced counselor and litigator and has handled high-profile insurance coverage and construction disputes. He represents construction companies, owners and developers in all aspects of contract negotiations, payment disputes and litigation. Mr. Stockwell focuses on avoiding potential conflict early, through procurement of insurance policies and in the contract stage, but has also assisted clients in recovering more than $250 million in litigation and arbitration.

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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 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.

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:

  • 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.