Additional Insureds, SIRS, and “Other Insurance” Provisions: Interpreting AI Endorsements,...
November 21, 2024 • CLE • Live Webinar
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This CLE course will discuss key pitfalls facing additional insureds (AIs) in ensuring adequate coverage, including the presence of a self-insured retention (SIR) in the named insured's policy, the impact of "other insurance" provisions in the named insured's policies, and the interpretation of the...
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Construction Property Damage Claims: CGL Exclusions K, L, and M, Products-Completed Operat...
December 19, 2024 • CLE • Live Webinar
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This CLE course will discuss the scope of the CGL exclusions for property damage in construction claims and the applicability of products-completed operations hazard coverage. The panel will review how the courts apply the exclusion and best practices for formulating arguments for or against coverag...
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Construction Delay Damages Claims: Litigating Design Changes, Differing Site Conditions, a...
January 15, 2025 • CLE • Live Webinar
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This CLE course will guide construction counsel on effective strategies for proving or defending claims for construction delay damages. The panel will also outline best practices to minimize construction delay litigation.
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Expert Witnesses in Construction Litigation: FRE 702 Amendments, Impact on Witness Selecti...
November 19, 2024 • CLE • CLE On-Demand
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This CLE webinar will examine the recent amendments to Federal Rule of Evidence 702 clarifying the admissibility standard for expert witnesses and the purpose behind the amendments. The panel will address how the amended rule will affect the use of expert witnesses in construction litigation where e...
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Changes to AIA Contract Documents: What Construction Lawyers Need to Know
Current Insurance and Bonds Exhibit, Owner-Contractor Documents, Owner-Arch...
November 13, 2024 • CLE • CLE On-Demand
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This CLE course will examine the most recent critical modifications to the AIA Construction Contracts Documents. The panel will devote significant attention to the current Insurance and Bonds Exhibit.
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Construction Payment Disputes: Addressing Change Orders, Extra Work, and Other Costs
Modifying AIA Article 7; Oral Changes; Cardinal Change; Defective Plans; Ad...
November 5, 2024 • CLE • CLE On-Demand
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This CLE course will address advanced payment issues in construction projects, including change orders and extra work. The panel will provide practical guidance to construction practitioners for differentiating between actual versus perceived changes; undocumented oral change orders; changes due to...
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Construction Gigaprojects: Alternative Contract Structures, Heightened Risks, Drafting Cha...
Bespoke Contracts and Customized Risk Allocation Between Owners and Contrac...
October 22, 2024 • CLE • CLE On-Demand
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This CLE webinar will provide a comprehensive overview of the contract structures used in very large construction projects, including traditional engineering, procurement, and construction (EPC), and engineering, procurement and construction management (EPCM) agreements. The panel will discuss the t...
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Construction OCIP/CCIP Insurance Programs: Potential Coverage Gaps and Other Coverage Pitf...
Coordinating With Other Policies; Claims Issues
October 8, 2024 • CLE • CLE On-Demand
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This CLE course will analyze some of the potential coverage gaps and other coverage pitfalls possible in owner-controlled insurance programs (OCIP) and contractor-controlled insurance programs (CCIP) policies. The panel will address practical steps that the wrap sponsor and subcontractors can take t...
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Daubert Motions in Construction Litigation: Standards for Expert Witnesses in Design and D...
Raising or Defending Daubert Challenges to Admitting Expert Testimony; Impa...
August 20, 2024 • CLE • CLE On-Demand
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This CLE webinar will provide counsel with an analysis of how courts apply the Daubert/Frye standards (and comparable state standards) to the presentation of expert testimony in construction disputes, including any impact that the recently amended Rule 702 may have on the standards' application. The...
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Captive Insurance and Construction: Alternative Risk Structures, Pros and Cons, Key Provis...
August 6, 2024 • CLE • CLE On-Demand
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This CLE webinar will provide an in-depth look at the use of captive insurance in the construction industry where companies are looking for alternative risk structures to increase control and flexibility of their insurance programs. The panel will discuss common uses of captives as well as the poten...
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Flow-Down Clauses in Construction Contracts: Key Negotiation and Drafting Considerations f...
Flow-Down Terms; Mandatory vs. Discretionary Clauses; Common Contractual Co...
July 9, 2024 • CLE • CLE On-Demand
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This CLE webinar will provide an in-depth look at the powerful, though often overlooked, flow-down clauses in construction contracts that bind subcontractors to the terms and conditions of the prime contract. The panel will address the mistakes that many practitioners make when drafting these clause...
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Wrap Insurance for Construction Projects: Scope of Coverage, Resolving Coverage and Indemn...
June 25, 2024 • CLE • CLE On-Demand
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This CLE course will provide insurance and real estate counsel with an analysis of the characteristics and function of wrap insurance programs, discuss their advantages and potential pitfalls, highlight critical coverage and exclusion issues, and outline solutions to thorny indemnification matters.
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AI Innovations in Construction: Latest Industry Developments; Pros vs. Cons; Drafting to M...
Intellectual Property Considerations, Safety, Employee and Data Privacy, Ri...
June 11, 2024 • CLE • CLE On-Demand
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This CLE webinar will guide counsel through recent AI innovations being used in the construction industry to improve project development and project management and the legal risks of which counsel should be aware. The panel will offer drafting considerations for addressing these risks in project agr...
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Payment and Performance Surety Bonds in Construction Projects: Perspectives of Owners, Con...
Asserting and Defending Surety Bond Claims and Exploring a Cost Effective A...
May 28, 2024 • CLE • CLE On-Demand
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This CLE course will provide construction counsel with a review of payment and performance bond coverage issues. The panel will outline key aspects of bond disputes and discuss best practices to maximize recovery and protect interests in disputes.
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Consequential Damages in Design and Construction Contracts: Mitigating Risks for the Parti...
Interaction With Other Contract Provisions, Clearly Defining Damages, Juris...
May 14, 2024 • CLE • CLE On-Demand
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This CLE webinar will discuss consequential damages arising from design and construction work and contractual waivers of consequential damages. The panel will take a deeper dive and discuss the pros and cons of such waivers, jurisdictional differences in interpretation, and best practices for drafti...
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Construction Defect Disputes and Insurance Claims: Navigating Complex Multi-Party and Mult...
Vertical vs. Horizontal Coverage Exhaustion; Policy Allocation; Priority of...
April 30, 2024 • CLE • CLE On-Demand
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This CLE course will discuss vertical vs. horizontal insurance coverage exhaustion in construction defect disputes. The program will analyze the impact of exhaustion on allocation between the contractor's primary and excess coverage, the priority of payment between the contractor and its subcontract...
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Corporate Transparency Act Impacting Construction Industry: Covered Entities, Reporting Re...
Determining Who is a Reporting Company, Performing Due Diligence for Extens...
April 16, 2024 • CLE • CLE On-Demand
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This CLE webinar will examine the Corporate Transparency Act (CTA) and its impact on construction entities, including who is considered a "reporting company" subject to new beneficial ownership information reporting requirements and the information that must be reported. The panel will also address...
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Construction Builders Risk and CGL Insurance: Scope of Coverage, Covered Losses, Exclusion...
Mitigating Construction-Related Disputes; Key Challenges for Claims Under B...
April 2, 2024 • CLE • CLE On-Demand
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This CLE course will provide counsel for construction contractors and developers with an analysis of evolving coverage issues in builders risk and CGL insurance for construction projects. The panel will discuss how these policies work to mitigate developer and contractor risks, the use of additional...
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Defend, Indemnify, and Hold Harmless Terms in Construction Contracts: Key Differences, Dis...
Notable Jurisdictional Interpretations, Drafting Considerations, Interplay...
March 26, 2024 • CLE • CLE On-Demand
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This CLE webinar will discuss key differences between commonly used risk allocation terms in contracts--namely, defend, indemnify, and hold harmless--and how these apply to construction projects. The panel will examine the nuanced meanings of and distinct obligations for each, review current case la...
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Modifying AIA Contract Documents: Advanced Strategies for Owners, Developers, and Contract...
March 19, 2024 • CLE • CLE On-Demand
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This CLE course will provide construction counsel with advanced strategies for amending and modifying standard AIA contract documents. The panel will outline how counsel for owners, developers, and contractors can best modify these standard construction agreements--including drafting global riders t...
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Avoiding Gaps in Wrap Insurance Coverage for Construction Projects
Conflicts and Reservations; Subrogation; Insufficient Limits; Reservations...
February 27, 2024 • CLE • CLE On-Demand
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This CLE course will guide construction counsel, construction executives, and insurance brokers in addressing issues arising from the use of wrap-up insurance programs and the coverage issues that often arise--including potential coverage gaps and eroding or inadequate limits--from the perspective o...
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Design-Build Projects: Key Issues; Drafting to Mitigate Risk for Contractors, Design Profe...
Defining the Parties Relationship; Standard of Care; Performance Warranties...
February 13, 2024 • CLE • CLE On-Demand
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This CLE webinar will provide practitioners with an in-depth look at the design-build project delivery method. The expert panel will provide insight into issues unique to each project participant involved in a design-build project, as opposed to the more traditional design-bid-build method, and desc...
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Construction Defect Indemnity Obligations Under CGL Policies: Identifying Covered vs. Non-...
Leveraging Insurance Coverage Arguments for Contractors, Subcontractors, an...
January 30, 2024 • CLE • CLE On-Demand
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This CLE course will discuss an insurer's indemnity obligations in construction defect claims and how to distinguish between covered and non-covered damages. The program will review the issues from the perspective of both the insurer and the general contractor or subcontractor.
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Drafting Liquidated Damages Provisions in Construction Contracts: Limiting Owner's Remedie...
Defining Delay With Substantial Completion, Ensuring Consistency With Subco...
January 17, 2024 • CLE • CLE On-Demand
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This CLE webinar will provide construction counsel with practical skills on drafting legally enforceable liquidated damages clauses. The panel will address what limits should be included, particularly limiting these damages as the sole owner remedy and defining delay, and how to draft consistent cla...
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Build America, Buy America and Construction Contractors: Best Practices for Compliance, Co...
Sourcing Compliant Materials, Requesting Waivers, Ensuring Subcontractor Co...
December 5, 2023 • CLE • CLE On-Demand
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This CLE webinar will guide construction counsel through the Build America, Buy America (BABA) final guidance with notable revisions from the interim guidance. The panel will discuss how the final rule impacts construction contractors, including sourcing compliant materials, dealing with supply chai...
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Recurring Construction Disputes Between Project Participants in an Unstable Market: Drafti...
Contractual Considerations and Pitfalls for Each Party, Methods of Enforcem...
November 28, 2023 • CLE • CLE On-Demand
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This CLE webinar will discuss common construction disputes between the parties to a construction project--including owners, architects, contractors, and suppliers--particularly those that may be more common in an unstable market. The panel will discuss the importance of contractual negotiation and d...
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Payment Provisions in Construction Contracts: Mitigating Risk of Nonpayment in a Volatile...
Stop Work, Paid-When-Paid, Paid-If-Paid, and More; Jurisdictional Limitatio...
November 21, 2023 • CLE • CLE On-Demand
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This CLE webinar will guide construction counsel on best practices when negotiating and drafting contractual payment provisions for contractor, subcontractor, or supplier clients in the construction industry. The panel will discuss stop work provisions and highlight key differences between paid-if-p...
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Boilerplate Language in Construction Contracts: Avoiding Unintended Consequences, Implemen...
November 14, 2023 • CLE • CLE On-Demand
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This CLE webinar will guide counsel in identifying and avoiding the pitfalls of boilerplate provisions in construction contracts. The panel will discuss common boilerplate clauses and explain how to adapt these to the unique circumstances of a given construction project so as to minimize the risk of...
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Construction Contractors and the New Davis-Bacon Act Rule: Increased Costs, Heavy Regulato...
Costly Prevailing Wages and Fringe Benefits, Retroactive Application, Great...
October 31, 2023 • CLE • CLE On-Demand
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This CLE webinar will discuss the recently released Davis-Bacon and Related Acts Regulations (DBRA) final rule effective Oct. 23, 2023, and the significant revisions affecting most federal and federally assisted construction contracts. The new rule will impose significant regulatory burdens and cost...
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Construction and Bankruptcy: Avoiding Clawback; Preserving Defenses When a Project Partner...
October 26, 2023 • CLE • CLE On-Demand
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This CLE webinar will describe preference demands in bankruptcy and the financial effects these demands made by bankrupt construction project participants may have on their non-bankrupt project partners. The panel will discuss Section 547(c) defenses for preference demand recipients as well as notew...
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Additional Insured Coverage in Construction Contracts and Interplay With Contractual Indem...
September 19, 2023 • CLE • CLE On-Demand
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This CLE course will provide attendees with a review of key issues in, and the evolution of, additional insured (AI) coverage under commercial general liability policies, the interplay between contractual indemnification and AI coverage, and best practices to maximize AI coverage and for insurers to...
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Price Escalation Clauses in Construction Contracts: Mitigating Risks for Owners, Contracto...
July 25, 2023 • CLE • CLE On-Demand
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This CLE course will discuss how the rapidly rising price increases for materials and supplies affect the construction industry and what steps all stakeholders can take to mitigate risks from those changes. The panel will address how specific construction contracts allocate liability, when force maj...
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Builder's Risk Coverage for Construction Defects and Accidents Caused by Defective Workman...
Navigating Mere Defective Workmanship, Accidents and External Causes, Expre...
July 11, 2023 • CLE • CLE On-Demand
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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.
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Negotiating Construction Liability Claims: Architects, Engineers, and Other Design Profess...
Evolving Theories of Liability and Defenses, Minimizing Risk Through Contra...
June 27, 2023 • CLE • CLE On-Demand
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This CLE course will provide counsel with a review of the scope of risks facing architects, engineers, and construction design professionals, discuss recent trends and developments in theories of liability and defenses, and provide proactive approaches to minimize the risk of liability through effec...
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Defeating Reptilian Tactics in Construction Litigation
Responding to Reptile Techniques During Discovery, Deposition, Voir Dire, O...
June 8, 2023 • CLE • CLE On-Demand
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This CLE course will guide construction litigators in recognizing and combating the trial strategy of leveraging the so-called "reptile theory" in construction claims. The panel will discuss the increased use of reptilian tactics by plaintiffs' attorneys and how defense counsel can strategically con...
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Structuring Construction Contracts: Termination for Convenience vs. Termination for Cause
Providing Notice, Calculating Damages, Pros and Cons of Various Termination...
May 17, 2023 • CLE • CLE On-Demand
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This CLE webinar will advise construction attorneys on the use of termination for convenience (TFC) clauses in contracts. The panel will discuss the methods of providing notice of such terminations, how to calculate damages, and how contractors can mitigate risks when entering into agreements with a...
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Miller Act Claims: Compliance With the Bond, Prosecution, and Defense Strategies for Gener...
May 2, 2023 • CLE • CLE On-Demand
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This CLE webinar will discuss strategies for litigating federal and state-level Miller Act claims. The panel will offer guidance based on the decision in the K-Con case and the Christian doctrine, best practices in pursuing and defending against violations, and preemptive measures builders, subcontr...
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Performance Bonds and CGL Insurance in Construction Projects: Navigating Interplay Between...
Minimizing Risks and Maximizing Recovery for Defective Workmanship and Prop...
April 18, 2023 • CLE • CLE On-Demand
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This CLE course will review the critical differences between insurance and suretyship and the interplay between CGL policies and performance bonds for losses involving defective work or property damage. Our panel of experts will discuss best practices to minimize construction project risk through bo...
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Structuring Construction Contract Insurance, Indemnification, and Limitations on Liability...
March 21, 2023 • CLE • CLE On-Demand
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This CLE webinar will provide attendees with approaches for crafting contractual insurance requirements and indemnification provisions, as well as negotiation strategies to mitigate risk. The panel will also address case law and various state anti-indemnity statutes that limit the enforcement of ind...
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Collaborative Construction Contracts for Complex and International Projects
March 7, 2023 • CLE • CLE On-Demand
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This CLE webinar will brief construction counsel on the use of collaborative construction contracts for complex and international construction projects. The panel will discuss the key requirements for collaborative contracting, advantages and disadvantages, and best practices for reducing disputes a...
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Understanding ConsensusDocs Construction Contracts: What Lawyers Need to Know
Default for Builders Risk, Indemnification, Notice, Payment, Dispute Mitiga...
February 21, 2023 • CLE • CLE On-Demand
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This CLE course will explain key terms and conditions in the ConsensusDocs Construction Contracts Documents. You will learn the most significant provisions of the prime and subcontractor agreements used in the design-bid-build, design-build, and CM At-Risk agreements. This webinar will outline how o...
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Pay-If-Paid, Pay-When-Paid Construction Contract Clauses: Avoiding Nonpayment, Jurisdictio...
January 24, 2023 • CLE • CLE On-Demand
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This CLE webinar will guide construction counsel on best practices when negotiating contractual payment provisions for contractor, subcontractor, or supplier clients in the construction industry. The discussion will highlight key issues for differentiating between pay-if-paid (PIP) versus pay-when-p...
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New AIA Insurance and Bond Exhibit: Owner Financing, Subcontractor Liens, Termination Fees...
December 6, 2022 • CLE • CLE On-Demand
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This CLE course will address the 2017 modifications to creating the Insurance and Bonds Exhibit of the standard AIA Construction Contract. The panel will discuss how most insurance and bond terms under the 2017 update have been relocated to a new Insurance and Bond Exhibit, which must be read in con...
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Construction Defect Insurance Claims: Policyholder and Insurer Perspectives
Business Risk and Other Exclusions, Triggers, Priority of Coverage, and Con...
November 22, 2022 • CLE • CLE On-Demand
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This CLE course will provide construction and insurance counsel with a review of evolving insurance coverage issues and recent key case law developments in construction defects claims. The panel will outline best practices for counsel to parties on either side of a dispute to resolve construction de...
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Construction Contracts: Waivers of Subrogation, Indemnification, and Contribution
Complexities and Pitfalls of Waiver Provisions for Contractors, Owners, and...
October 31, 2022 • CLE • CLE On-Demand
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This CLE course will provide construction counsel with a review of the validity and effect of waivers of subrogation and indemnification clauses in construction contracts, how courts interpret waiver provisions and the impact on all parties.
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EPC vs. EPCM in Construction Projects: Limiting Costs, Assessing Risks, and Determining Co...
October 4, 2022 • CLE • CLE On-Demand
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This CLE course will discuss the differences between engineering, procurement, and construction (EPC) contracts and engineering, procurement, construction, and management (EPCM) contracts in large construction projects. The panel will discuss the varying roles of the lead contractor in both environm...
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Construction Litigation of Additional Insured Endorsements: Blanket Clause Risks, Contract...
September 14, 2022 • CLE • CLE On-Demand
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This CLE course will provide counsel for construction companies with guidance on the use of additional insured requirements in contracts and their role in passing insurance obligations through to subcontractors and suppliers. The panel will discuss the circuit split related to the need (or not) for...
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Complexities of Builder's Risk Insurance Claims: Ownership of Policy, Amount and Type of C...
Evaluation of Policies Based on Pricing Considerations, Location, Environme...
September 7, 2022 • CLE • CLE On-Demand
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This CLE course will address the complexities of builder's risk insurance (BRI) coverage, including who should hold the policy (the owner or the contractor), how much coverage for property versus delay damage, and how to cover gross profits, loss of income, and continuing expenses. Our panel will pr...
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High-End Residential Construction: Permitting Delays, Insurance, General Contractor, Owner...
August 31, 2022 • CLE • CLE On-Demand
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This CLE course will advise construction counsel on the unique issues related to high-end residential construction. The panel will discuss the issues with delayed permitting and acquiring proper insurance, as well as hiring both an architect and general contractor that meets the project's needs. The...
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Construction Defects and Limitations on CGL Coverage
Understanding and Mitigating Risk for Construction Defects
August 24, 2022 • CLE • CLE On-Demand
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This CLE course will advise construction attorneys on remedies available for construction defect claims, including in states that treat a construction defect as the builder's business risk. The panel will discuss how to pursue claims and how court imposed limitations on CGL coverage for defect claim...
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Construction Defect Defenses: Loss Mitigation, Economic Waste, Right to Repair, Betterment...
August 3, 2022 • CLE • CLE On-Demand
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This CLE course will advise construction counsel on the most common defenses to construction defect claims brought against general contractors and subcontractors. The panel will advise counsel on reducing clients' exposure through sound management practices and careful contracting practices. The pan...
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Construction Contracts, Project Management, and Risk Mitigation
How to Manage Risks Before, During, and After Construction Through Contract...
July 27, 2022 • CLE • CLE On-Demand
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This CLE course will advise construction attorneys and risk managers on effective means of mitigating and managing risk in large construction projects. The panel will discuss how counsel must understand the various elements of a construction project and how they relate to project success. The panel...
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Construction Claims and Exceptions to Limitation of Liability: Bad Faith, Fraud, Recklessn...
July 21, 2022 • CLE • CLE On-Demand
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This CLE webinar will guide construction counsel on the exceptions to limitation of liability in construction agreements and claims. The panel will discuss how to address issues of bad faith, potential fraud, and recklessness in the initial agreement and how to mitigate those risks.
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Revising Construction AIA Contracts and Effective Risk Transfer: Waivers of Subrogation an...
Allocating Liability Amongst Owners, Designers, Architects, GCs, and Subcon...
June 2, 2022 • CLE • CLE On-Demand
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This CLE course will address construction counsel's concerns on risk management via the use of waivers of subrogation and builder's risk insurance policies. The panel will discuss revising AIA and other standard forms to equitably distribute liabilities among the contracting parties--general contrac...
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Green Construction Materials: Mitigating Risks, Reps and Warranties, Defective Sustainable...
Use of Low Carbon Concrete, Mycelium Fungi, Bamboo, and Hemp in New Project...
June 1, 2022 • CLE • CLE On-Demand
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This CLE webinar will discuss the use of green construction materials in new projects and the risks and liabilities associated with such use. The panel will discuss how a first in the nation county regulation that established a mandatory low carbon concrete specification is leading the way in the us...
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Construction Lien Waivers: Conditional vs. Unconditional Waivers, Retainage, Reservation o...
April 6, 2022 • CLE • CLE On-Demand
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This CLE webinar will advise construction attorneys on the risks and potential liabilities when signing lien waivers, particularly in those cases when the contractor has yet to receive payment. The panel will discuss differences in conditional lien waivers vs. unconditional waivers, properly exclude...
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Modular Construction Contracts: Integrating Components and Deliveries, Delays, Lien Challe...
February 23, 2022 • CLE • CLE On-Demand
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This CLE webinar will advise construction counsel of the legal issues in the emerging trend of modular construction. The panel will address best practices for handling disputes when separately engineered components fail to integrate and coordinate projects and delivery to eliminate delays. The panel...
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Construction Remedies: Replevin Actions vs. Liquidated Damages
Evaluating Differences in Jurisdiction, Costs and Recovery
February 9, 2022 • CLE • CLE On-Demand
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This CLE webinar will advise construction litigation counsel on the use of replevin action in construction disputes. The panel will address the process of filing replevin, determining jurisdiction, and acquiring a writ of seizure. The panel will discuss how replevin actions may meet the issues creat...
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Construction Contractor Finance Alternatives: Assignment of Accounts Receivables vs. Facto...
January 5, 2022 • CLE • CLE On-Demand
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This CLE webinar will advise construction attorneys on the risks and advantages of utilizing alternative forms of financing, explicitly focusing on the assignment of accounts receivables or factoring. The panel will address the risks and benefits when pursuing these different finance options and bes...
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Construction Contracts and Liquidated Damage Provisions: Qualifying Factors, Unenforceable...
October 13, 2021 • CLE • CLE On-Demand
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This CLE course will advise construction counsel on the best practices in negotiating a liquidated damage provision in a construction contract. The panel will discuss how to quantify proper damages, when the compensation is proper damages versus an unenforceable penalty, and how to avoid claims of m...
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Litigating Lost Productivity Claims in Construction: Developing Methodologies, ASCE Standa...
October 7, 2021 • CLE • CLE On-Demand
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This CLE course will guide construction counsel on best practices when pursuing and defending a lost productivity claim on a project. The panel will detail the methodologies for prosecuting a productivity claim and provide guidance on best practices for project management and field personnel to keep...
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Construction Risk Mitigation Prior to and During Catastrophic Events
Bid and Tender Stage Considerations, Alternative Construction Methodologies...
September 29, 2021 • CLE • CLE On-Demand
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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...
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No Change Order Agreements in Construction: Mitigating Risks to Contractors and Limiting C...
September 15, 2021 • CLE • CLE On-Demand
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This CLE course will advise construction counsel on the increased practice of limiting or removing all modification provisions from written agreements. The panel will address how no change order (CO) contracts should be employed and how to mitigate liability when a project's circumstances are altere...
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Construction Employers and OSHA Violations: Willful Violations, Civil and Criminal Penalti...
Recent Federal Cases Against Contractors, Best Practices and Operating Proc...
August 11, 2021 • CLE • CLE On-Demand
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This CLE course will provide construction counsel with advice based on recent decisions by the Occupational Safety and Health Review Commission that found contractors were liable for hazardous working conditions and subject to civil and criminal penalties for these worker safety violations. The pane...
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Drafting Construction Joint Check Agreements: Contractor Liability, Supplier Payment and L...
July 14, 2021 • CLE • CLE On-Demand
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This CLE course will advise construction counsel on best practices when drafting and enforcing a joint check agreement. The panel will discuss the issues regarding written consent and agreement of all parties and what constitutes valid consideration, particularly when a dispute arises with a supplie...
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Construction Delays and Cost Overruns in 2021: Supply Chain Issues, Concurrent Delays and...
Contractors, Subs, Developers, Owners: Identifying, Assessing, and Mitigati...
June 9, 2021 • CLE • CLE On-Demand
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This CLE course will advise construction counsel on the continued impact of COVID-19 construction projects and the legal implications that may arise from business interruptions due to the global supply chain's erratic status. The panel will address counsel for various construction stakeholders who c...
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Construction of Healthcare Facilities: Procurement of Funding, Zoning, Environment Constra...
Regulatory Expectations, Fiduciary Responsibilities, Compliance Considerati...
May 20, 2021 • CLE • CLE On-Demand
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This CLE course will prepare construction counsel drafting contracts and advising on developing healthcare facilities to address contractual and regulatory issues that take the project from conception to completion. The panel will discuss how to address issues of funding, zoning, and, when applicabl...
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Revising Construction Payment Provisions: Addressing Change Orders, Extra or Nonconforming...
Modifying AIA Article 7; Oral Changes; Cardinal Change; Defective Plans; Ad...
May 12, 2021 • CLE • CLE On-Demand
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This CLE course will address advanced payment issues in construction projects, including change orders and extra work. The panel will provide practical guidance to construction practitioners for differentiating between real versus perceived changes; undocumented oral change orders; changes due to de...
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Condominium Construction Defect Litigation: Timeliness, Damages, Defenses, Causes of Actio...
May 5, 2021 • CLE • CLE On-Demand
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This CLE course will provide construction counsel with guidance on the unique issues surrounding bringing a construction defect claim on behalf of a condominium association and defending such a claim. The panel will address the issues of filing a timely claim, establishing who is the proper plaintif...
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Construction Contracts and Augmented Reality: Ownership, Breaches, Allocation of Liability...
February 10, 2021 • CLE • CLE On-Demand
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This CLE course will provide construction counsel with advice on developments in augmented reality (AR) and virtual reality (VR), focusing on how these new tools are being incorporated into the design of a project, the monitoring of its progress, the impact on job site safety programs, and how these...
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Successful Construction Arbitration: Forum Selection, Forensic Experts, Damages and Attorn...
Consolidation and Joinder Rules Under State Law and FAA, Structuring Case M...
December 9, 2020 • CLE • CLE On-Demand
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Strafford CLE Pass.
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This CLE course will provide construction counsel with guidance on the process of successfully navigating an arbitration of a dispute. The panel will explain how to structure arbitration provisions that reflect the selection of forum, arbitrators, and case management scope, including discovery and m...
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Construction Claims and Liens: Notice, Documentation, and Protection of Rights of Subcontr...
December 2, 2020 • CLE • CLE On-Demand
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This CLE course will guide construction counsel in the best methods of securing claims and liens for subcontractors and suppliers and what defenses an owner or general contractor may have. Lien rights and remedies vary greatly between states, and these distinctions are often difficult for owners, co...
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Structuring Architect, Engineering, and Design Contracts: Limiting Risk, Liability and Def...
November 4, 2020 • CLE • CLE On-Demand
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This CLE course will provide counsel with a review of the scope of risks facing architects, engineers, and construction design professionals, discuss recent trends and developments in theories of liability and defenses, and provide proactive approaches to minimize the risk of liability through effec...
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Design-Assist vs. Design-Build: Capitalizing on the Efficiencies while Addressing the Risk...
September 30, 2020 • CLE • CLE On-Demand
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This CLE course will address the distinction between design-assist and design-build in design and construction. Design-build presents an alternative to the classic design-bid-build project delivery method; design-assist presents a supplement to both delivery methods. While design-build and design-as...
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Proving Construction Contract Damages: Maximizing Claims, Seeking Equitable Relief, and Re...
August 27, 2020 • CLE • CLE On-Demand
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This CLE course will provide construction counsel with practical advice on proving or defending claims to maximize the relief sought, including strategies for pursuing or defending recovery of attorney's fees as the prevailing party in a construction dispute.
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Cost-Plus Construction Contracts: Change Orders, Audit Provisions, Negotiating Disputes, T...
August 24, 2020 • CLE • CLE On-Demand
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This CLE course will discuss cost-plus construction contracts, addressing when it is most advantageous to use, as well as the most severe drawbacks. The panel will provide examples to assist construction counsel on how to best document the changes that lead to future disputes, how best to audit a pr...
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Construction Challenges During COVID-19: Suspensions, Delays, Workforce Depletion, and Oth...
June 3, 2020 • CLE • CLE On-Demand
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Strafford CLE Pass.
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This CLE course will address the impact of COVID-19 on private and federal construction projects and the legal implications that may arise from business interruptions due to restricted supply chains and a depleted workforce. The panel will further address how to proactively handle prospective constr...
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Price Structuring in Construction Contracts: Advantages and Pitfalls of GMP, Cost-Plus, an...
April 30, 2020 • CLE • CLE On-Demand
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Strafford CLE Pass.
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This CLE course will examine several distinct versions of AIA construction contracts that attempt to allocate the costs between the contractor and the owner. The panel will explain the advantages and disadvantages of guaranteed maximum price (GMP) agreements, comparing a cost-plus contract with and...
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Occurrences in Construction Defects Claims: Navigating Divergent Views to Maximize Coverag...
February 6, 2020 • CLE • CLE On-Demand
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Strafford CLE Pass.
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This CLE course will provide insights to insurance counsel to policyholders and insurers on the legal theories of construction defects constituting "occurrences." The panel will discuss whether construction defects are single or multiple occurrences and outline best practices to evaluate constructio...
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Construction Disputes: Statutes of Limitation and Repose in Indemnity and Contribution Cla...
Advanced Issues, State Law Differences, Discovery Rule, Substantial Complet...
October 10, 2019 • CLE • CLE On-Demand
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Strafford CLE Pass.
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This CLE course will provide practical guidance on the application of statutes of limitations and repose to indemnity and contribution claims in construction disputes. The panel will address the interrelationship between the discovery rule, contractual indemnity, common law indemnity, and contributi...
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Construction Management Agreements: Key Provisions, Common Areas of Dispute, and Minimizin...
June 17, 2019 • CLE • CLE On-Demand
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Strafford CLE Pass.
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This CLE course will provide construction counsel with guidance for crafting key provisions in construction management agreements. The panel will discuss clauses that should be carefully negotiated in these agreements and provide practical strategies to avoid common drafting pitfalls, minimize contr...
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Contracts, Tariffs and Rising Material Costs: Strategies for Risk Allocation
Advanced Guidance for Counsel to Owners, Contractors, Subcontractors and Su...
May 14, 2019 • CLE • CLE On-Demand
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This CLE course will discuss the ongoing escalation of material prices in the construction industry and provide practical insights for counsel to owners, contractors, subcontractors and suppliers in mitigating such risks.
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Managing the Risk in CMAR Contracts: Guidance for Owners, Contractors and Subs
Negotiating and Drafting Risk Allocation Provisions, Interplay With Other C...
March 20, 2019 • CLE • CLE On-Demand
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This CLE course will guide construction lawyers on negotiating and drafting risk-shifting provisions in construction manager at risk (CMAR) contracts. Because the dynamics between owners, contractors and subs differ so vastly from the arrangement typical to design-build and other project delivery me...
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Litigating Professional Liability Claims in Construction Projects
Emerging Theories of Recovery, Insurance Coverage, Best Practices for Pursu...
December 20, 2018 • CLE • CLE On-Demand
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Strafford CLE Pass.
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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...
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Construction Acceleration Claims and Defenses: Strategies for Owners, General Contractors,...
November 15, 2018 • CLE • CLE On-Demand
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This CLE course will provide construction practitioners with strategies for pursuing, defending and preventing acceleration claims. The panel will discuss the perspectives of owners, general contractors and subcontractors, offer guidance for managing claims, and discuss contractual provisions that c...
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Downstream Insurance Coverage in Complex Construction Projects: Vetting to Mitigate Risk
Interplay With Contractual Indemnity Between Owners, General Contractors, S...
October 10, 2018 • CLE • CLE On-Demand
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This CLE course will guide counsel for project owners, general contractors, and subcontractors on mitigating the risks associated with the upstream/downstream dynamics of complex construction projects. The panel will discuss strategies for vetting downstream insurance coverage and maximizing protect...
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2017 AIA Construction Documents: New Insurance Requirements
New Insurance and Bond Requirements Exhibit, A-201 Article 11
July 12, 2018 • CLE • CLE On-Demand
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This CLE course will guide construction counsel through the new insurance provisions of the 2017 American Institute of Architects (AIA) Form. Our panel will discuss critical updates to the insurance requirements, their interplay with other AIA Form provisions, and practical considerations for partie...
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Construction Professional Services Agreements
Key Provisions, Common Areas of Dispute, and Streamlined Contract Negotiati...
January 18, 2018 • CLE • CLE On-Demand
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Strafford CLE Pass.
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The CLE course will provide construction counsel with guidance for crafting key provisions in construction professional services agreements (PSAs). The panel will discuss clauses that should be carefully negotiated in the agreements and strategies to avoid common drafting pitfalls and resolve contra...
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Construction Subcontractor Default Insurance: Maximizing SDI Coverage and Streamlining the...
Evaluating SDI as Risk Mitigation Vehicle, Minimizing Pitfalls of SDI Polic...
May 31, 2017 • CLE • CLE On-Demand
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This CLE course will discuss construction subcontractor default insurance (SDI) as an alternative to performance bonds, the factors that should be considered in weighing SDI as an acceptable vehicle for performance risk protection, and best practices to maximize SDI coverage and streamline the claim...
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Occurrences in Construction Defects Claims: Triggering Coverage and Interpreting Exclusion...
Navigating Divergent Court Views to Maximize Coverage or Limit Liability
February 23, 2017 • CLE • CLE On-Demand
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Strafford CLE Pass.
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This CLE course will provide insights to insurance counsel to policyholders and insurers on the legal theories of construction defects constituting "occurrences." The panel will outline best practices to evaluate construction defect coverage under CGL policies.
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Construction Defect Bad Faith Insurance Claims: Navigating Duty to Defend and Indemnify De...
Assessing Faulty Workmanship, Business Risk Exclusions, AI Issues, Failure...
December 15, 2016 • CLE • CLE On-Demand
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Strafford CLE Pass.
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Allegations of bad faith claims handling often accompany insurance coverage disputes involving construction defect claims. This CLE webinar will walk attendees through current trends in bad faith claims arising out of such disputes, including defense/settlement and other claims handling issues. The...
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Navigating Performance Bonds, Subcontractor Default, and CGL Coverage for Defective Workma...
December 13, 2016 • CLE • CLE On-Demand
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This CLE course will provide construction and insurance counsel with a review of the key differences between CGL insurance, performance bonds and subcontractor default insurance in covering risk for owners and contractors emanating from defective workmanship and property damages. The program will pr...
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Construction Payment and Performance Bond Bad Faith Litigation: Bringing or Defending Clai...
June 30, 2016 • CLE • CLE On-Demand
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This CLE course will instruct construction counsel how to bring or defend bad faith claims regarding performance and payment bonds in the construction arena. The program will discuss extra-contractual theories of liability that have been accepted and rejected by courts and provide perspectives of bo...
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Construction Design and Defect Litigation: Using Daubert/Frye to Challenge Admissibility o...
May 3, 2016 • CLE • CLE On-Demand
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This CLE course will provide counsel with an analysis of how courts apply the Daubert standard to the presentation of expert testimony in construction disputes. The panel will outline effective approaches for using Daubert to challenge the admission of expert testimony.
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Construction Defect Claims: Occurrences, Coverage Triggers and Exclusions Under CGL Polici...
Navigating Divergent Court Views to Maximize Coverage or Limit Liability
April 26, 2016 • CLE • CLE On-Demand
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Strafford CLE Pass.
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This CLE course will provide insights to counsel for contractors and insurers on the legal theories of construction defects constituting "occurrences". The panel will discuss the distinction between the approaches taken by courts, whether specific factual allegations are required to trigger the duty...
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