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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Wednesday, September 29, 2021

  • 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 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 with potential delays and adjustments in mind. The panel will provide counsel with factors to consider in pre-bid planning and tender stages, how to utilize alternative construction methodologies, and how to modify working times and supply chains to meet needs.

Faculty

Michael C. Kelley
Partner
Shutts & Bowen LLP

Mr. Kelley’s practice focuses on construction, commercial and real property litigation, as well as transactional matters involving construction projects and the acquisition, development, financing, operation, and disposition of real estate. He counsels businesses that develop, own, build, occupy and invest in real estate or construction projects, helping them to make better, more profitable decisions and preserve longstanding relationships and economic value. Mr. Kelley helps his clients anticipate, prepare for and defend against litigation proactively, or when a dispute must be resolved, utilize litigation efficiently and effectively. He represents clients in the construction and real estate industries, including corporations, builders, developers, designers and high-end investors in a broad range of litigation and transactional matters.

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Michael S. Klimas
Founding Principal
Keene Klimas Consultant Group

Mr. Klimas has over 34 years of experience in construction management and over 28 years of experience supervising construction professionals. He analyzes and interprets complex construction issues for clear, concise understanding by outside parties; provides expert consultation in concert with the legal process, from initial claims analysis through litigation; supplies research and strategic assistance to clients and their counsel regarding construction disputes; contributes to documentation review and other information gathering/analysis needs to ensure that supporting data passes all necessary scrutiny; performs documentation review, cost analyses, damage calculations, scheduling variances and other real-world measures; assesses projects against legal or insurance claims to help mitigate disputes and facilitate opportunities for mediation; and provides consultative expertise to clients in all phases of construction, from pre-construction to finished product. Mr. Klimas’ credentials include Certified General Contractor, State of Florida; LEED AP; Certified State of Florida SWPPP Inspector; OSHA Certification.

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Bill Rush
Managing Partner
Insurance Office of America

In 1985, Mr. Rush began his insurance career and spent 16 years as a third-party administrator overseeing all underwriting and policy services. He joined IOA in 2001 as a commercial lines producer and became a stockholder in 2003. Prior to his insurance career, Mr. Rush was Vice President of commercial lending at a local bank.

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Description

Extraordinary natural disasters, including Winter Storm Uri bearing down on Texas, record heat waves in the Pacific Northwest, the continued wildfire spread in California and other western states, or the 2020 Atlantic hurricane season with 30 named storms, forced the construction industry to prepare for catastrophic events for all projects. Construction businesses should remain vigilant in their preparations, with protocols ready to implement in the event of the unexpected.

Construction counsel should be aware of the risks that each hazardous event may pose. Many businesses must have an emergency action plan that meets requirements set forth under 29 CFR 1910. Construction firms should consult OSHA guidelines and local community emergency plans to develop a plan when initiating a project in a high risk zone. As part of that evaluation, construction firms should create a thorough emergency and evacuation plan.

Construction counsel should negotiate contracts and orders with the expectation of natural or other catastrophic events with pre-negotiated rates and/or delivery schedules that consider potential risks. Counsel must establish whether alternative delivery methodologies may provide risk mitigation for delivering a project, especially where delivery of supplies is delayed. Further, contracts should include liberal terms for modifying delivery times. Finally, if it appears that the project site might be shut down for an extended period, counsel must work with the client to avoid a construction site abandonment situation.

Construction firms and counsel should review all relevant insurance policies to determine whether they will cover damage due to weather or other unforeseen incidents and explore policies that may be necessary to cover the project's needs.

Listen as our expert panel discusses the intersection of the construction industry and disasters, as well as the need to pre-plan and evaluate risks both on the ground and in the contracts. The panel will address provisions such as pre-negotiated rates, alternative delivery methodologies, and timing that may mitigate risk to construction firms.

Outline

  1. Recap of major weather and catastrophic events from 2020 to today
  2. Construction concerns
    1. Pre-planning at the site
    2. Emergency evacuation plans
    3. OSHA reviews
    4. Local community regs
  3. Construction contracts
    1. Pre-negotiated rates
    2. Alternative delivery methodologies
    3. Timing
    4. Supply delays
  4. Insurance issues

Benefits

The panel will review these and other relevant issues:

  • What is the financial impact of catastrophic events on construction in the last two years?
  • How should counsel address pre-bid and tendering of projects when major weather is anticipated?
  • What considerations to OSHA and emergency planning should construction firms review before beginning a project in a hazardous zone?
  • What are the specific provisions in the contract to mitigate risk when dangerous conditions are expected?