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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Tuesday, July 8, 2025

  • 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 webinar will examine the risk of nuclear verdicts in the construction industry, address challenges for defense attorneys, and discuss lessons that can be learned from notable verdicts against construction companies. The expert panel will offer defense strategies to mitigate risk of nuclear verdicts—from developing the defense theory of the case, to voir dire and motion practice, to the selection and use of expert witnesses in trial. 

Faculty

Scott D. Cahalan
Partner
Smith Gambrell Russell

Mr. Cahalan has substantial experience representing owners, contractors, subcontractors, engineers, architects, suppliers, manufacturers and vendors in connection with construction, commercial and other business matters. His practice primarily consists of drafting and reviewing construction contracts, providing advice during construction and construction litigation, arbitration and mediation. Mr. Cahalan was the primary drafter of the Associated Owners and Developers’ AOD 2002 – Standard Form of Agreement Between Owner and Contractor Where the Price Is Fixed or Lump Sum, and the Associated Owners and Developers’ AOD 2003 – Standard Form of Agreement Between Owner and Contractor for Work on a Cost Plus Fee Basis With a Guaranteed Maximum Price. He has also given numerous seminars throughout the U.S. and Europe concerning construction contracts, implied contract obligations, claims, green building, construction insurance, and mechanics lien law. Since 2010, Mr. Cahalan has been an instructor at the Georgia Institute of Technology where he teaches Design and Construction Law.

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Description

Nuclear verdicts, awards exceeding $10 million, are now commonplace and heavily impact the construction industry nationwide. With claims arising from workplace accidents, design errors and omissions, and construction defect claims, significant jury awards can result.

Examples of nuclear verdicts in the construction industry include: (1) a jury verdict of $74 million resulting from an improperly paved road in Kentucky; (2) a New York construction worker's fall resulting in a $102 million verdict; and (3) an $860 million verdict resulting from the death of a Texas woman killed by a crane crash.

There are a number of reasons for the increase in nuclear verdicts including the legal strategy known as the reptile theory in which plaintiffs' attorneys tap into the primal instincts of jurors by appealing to fears that construction companies seek profits over safety. Social inflation also plays a significant role when social pressures such as financial hardship and unemployment cause jurors to lash out and punish companies in response to their own fears.

Counsel for construction clients should understand the risk of nuclear verdicts and strategies to mitigate risk through the litigation process beginning with motion practice and voir dire and continuing through the trial.

Listen as our expert panel of litigators discusses the rise of nuclear verdicts in the construction industry and challenges facing defense counsel. The panel will also examine defense strategies and offer best practices for mitigating the risk of such verdicts.

Outline

I. Introduction: the rise in nuclear verdicts

II. Nuclear verdicts in the construction industry

A. Why the construction industry is heavily impacted

B. Notable nuclear verdicts against construction companies and lessons learned

C. Challenges for defense attorneys

III. Defense strategies

A. Defense theory of the case

B. Motion practice

C. Voir dire

D. Expert testimony

E. Other considerations

IV. Best practices for counsel and clients to mitigate risk of nuclear verdicts

Benefits

The panel will review these and other key considerations:

  • What has been the impact of nuclear verdicts on the construction industry? What are challenges for defense counsel?
  • What are notable nuclear verdicts against companies in the construction industry and what lessons can be learned by counsel and their clients?
  • What defense strategies may be utilized to help mitigate the risk of a nuclear verdict?