About the Course
Introduction
This CLE webinar will provide a comprehensive overview of how to structure insurance programs for data center construction projects. The panel will examine the types of coverage that should be utilized and key provisions, discuss insurance program structures, and offer best practices for mitigating party risk, whether representing the owner, contractor, or design professionals.
Description
Data center construction projects are complex, schedule-driven, and costly, often reaching hundreds of millions or even billions of dollars. For owners, developers, contractors, and lenders, a well-structured insurance program is essential to managing that risk.
This program will examine the core policies for the construction phase. Builder's risk insurance covers physical loss or damage to the work, and we will look at delay in startup, testing and commissioning, and defective design exclusions. Commercial general liability and excess coverage address third-party claims. That matters because data center projects increasingly face disputes with neighbors over noise, vibration, and environmental impacts, where coverage is not always clear. Pollution liability coverage fills some of those gaps. Professional liability coverage applies to design professionals and design-build contractors.
The panel will also cover the transition from builder's risk to permanent property coverage, a common source of gaps when facilities are brought online in phases. Finally, we will compare owner- and contractor-controlled wrap-up programs with traditional programs, and discuss how to align contract insurance requirements, additional insured status, waivers of subrogation, and indemnity provisions to avoid conflicting obligations and costly coverage gaps.
Who should attend: In-house counsel, real estate and construction attorneys, developers, contractors, lenders, and risk managers involved in data center projects.
Listen as our experienced panel discusses insurance considerations for data center construction projects and offers practical strategies for mitigating each party's risk.
Presented By
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Mr. Bartelemucci represents developers, owners, contractors, and design professionals with their construction and business needs. He regularly drafts and negotiates manuscript and AIA owner-builder, construction management, architect, design-build, and development agreements. Mr. Bartelemucci works on major PPP projects, and has extensive experience representing government entities, hospitals, and institutional clients with their development and construction needs. He also has substantial experience dealing with insurance issues related to construction, both while the contract is being negotiated and after a claim has been made, as well as with prosecuting claims under payment and performance surety bonds, including defending subrogation claims.
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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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Wednesday, December 2, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Introduction: the scale, complexity, and risk profile of data center construction projects
II. Key policies for the construction phase and beyond
A. Builder's risk, liability, pollution, and professional liability coverage
B. Common coverage issues and exclusions
C. Key policy provisions
D. Transitioning from builder's risk to permanent property coverage
III. Structuring the insurance program: wrap-up vs. traditional programs
A. Owner
B. Contractor
C. Design professionals
IV. Best practices to mitigate party risk
The panel will review these and other important issues:
- Why is a well-developed insurance program essential to a data center construction project?
- Which policies do these projects typically require, and which provisions matter most to each party?
- How are insurance programs for data center projects usually structured, and what are the tradeoffs of each approach?
- How can parties avoid coverage gaps when a facility moves from construction to operation?
- What are best practices for mitigating each party's risk?
