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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

    Thursday, December 20, 2018

  • schedule Time

    1:00 PM E.T.

  • timer Program Length

    90 minutes

Credit Information

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


  • Live Online


    On Demand

$297.00

This course is $0 with these passes:

CLE
ALL

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 defined by the AIA and courts. These include design professionals, engineers and construction managers (both at-risk and not at-risk).

Faculty

David M. Adelstein
Partner
Kirwin Norris

Mr. Adelstein represents general contractors, subcontractors, design professionals, developers, associations, suppliers, sureties, and owners in a myriad of construction matters including, without limitation, construction/design defect claims, schedule-based claims (including inefficiency, lost productivity, and acceleration claims), bid protests, payment disputes, lien and bond claims, liability and property insurance issues, and a host of other issues that affect the construction industry. He prepares and negotiates construction contracts for clients utilizing AIA, EJCDC, and AGC industry form documents, as well as contracts that are not based on an industry form document.

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Vic L. McConnell
Partner
Smith Cashion & Orr, PLC

Mr. McConnell represents owners, developers, contractors and design professionals with a concentration in the areas of construction litigation and design professional malpractice defense. He often represents ENR top 100 consulting firms and construction companies handling construction related matters involving contract drafting, bid protests, construction/design defect claims, construction delay, disruption and acceleration claims, differing site conditions claims, scope disputes, payment disputes, and contested terminations (among others). Since 2004, Mr. McConnell has taught “Construction Law and Contracts” as an adjunct professor for Vanderbilt University’s School of Engineering.

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Description

Commercial construction projects involve considerable risk. The higher degree of complexity involved in a project, the higher the risk to the parties involved, and the greater likelihood that one or more of the parties will face a professional liability claim. Often, one alleged defect in the construction or job-site event will give rise to claims of professional liability against multiple parties involved in the project. While design professionals are clear and frequent targets, claims frequently arise against construction managers, land surveyors, and other vendors performing services requiring advanced skill or professional training.

Practitioners defending or pursuing these claims must appreciate the extensive interplay between the various parties, scopes of work, schedules involved, and the essential evidentiary elements for recovery. Unlike common claims of liability where duty, breach, causation, and damages can be established without the use of an expert, professional liability claims require expert testimony to develop critical elements of the claim.

Counsel must pay particular attention to insurance coverage for the claim. Factors like the scope of coverage, coverage period (occurrence or claims-made), and eroding limits have a substantial impact on the strategies for prosecuting or defending a claim.

Listen as our panel of experienced construction litigators offers expert guidance on handling professional liability claims, the complexities of discovery, and practical insight on resolving matters at various stages of a project’s completion.

Outline

  1. Anatomy of a professional liability claim
    1. The parties
    2. Theories of liability
    3. Establishing proof
      1. Duty/standard of care
      2. Breach of standard
      3. Causation
      4. Damages
  2. Defense strategies
  3. Insurance coverage
  4. Practical considerations

Benefits

The panel will review these and other key issues:

  • Emerging theories of professional liability
  • Strategies for maximizing coverage for asserted claims
  • Best practices for navigating complex discovery issues