Construction Property Damage Claims and Insurance Considerations


CLE Credits earned: 2 GENERAL (or 2 LAW & LEGAL for WA state)

Typically, where there is a property damage claim arising from an asserted construction defect, one of the first things an interested party is focused on is CGL coverage. The reason being is that maximizing insurance coverage including both the insurer’s defense and indemnity obligations becomes important for all interested parties. The purpose of this presentation is to discuss property damage claims in the construction context with an emphasis on post-completion claims.

Key topics to be discussed:

•   How courts define an occurrence under CGL policies and theories to trigger an occurrence
•   Applicable exclusions that come into play in construction property damage claims with case law application
•   Certain applicable endorsement that further modify or restrict coverage with respect to construction property damage claims

Date / Time: February 8, 2019

•   10:00 am – 12:00 pm Eastern
•   9:00 am – 11:00 am Central
•   8:00 am – 10:00 am Mountain
•   7:00 am – 9:00 am Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

All Access Pass: Before you buy, access this class and all other myLawCLE programs, over 120 new live classes every year, for only $69 dollars per month. Purchase the All Access Pass first. Click here for more information.

Select your state to see if this class is approved for CLE credit.

Choose the format you want.


Original Broadcast Date: February 8, 2019

My name is David Adelstein. I am a Florida board certified construction lawyer, partner at the law firm of Kirwin Norris, P.A., and practice construction law throughout Florida. I handle construction claims and disputes on vertical and horizontal federal projects, state public projects, and private projects in Florida and outside of Florida. I prosecute and defend claims in all forums (federal court, state court, board of contract appeals, and arbitration) for general contractors, subcontractors, developers, owners, sureties, and suppliers.

I handle a host of issues that touch any complicated construction project including, without limitation, delay claims, inefficiency and lost productivity claims, acceleration claims, differing site conditions claims, construction and design defect claims, property insurance and commercial general liability insurance claims, construction licensing issues, performance bond claims, contractor and subcontractor default claims, payment bond claims, lien claims, termination for cause and for convenience claims, OSHA issues, workers compensation issues, change order issues, requests for equitable adjustment, pass-through claims, bid protests, Davis Bacon and prevailing wage rate issues, and claims under the Contract Disputes Act.

Besides having extensive experience handling all types of construction claims and disputes, I also have extensive experience preparing and negotiating construction contracts dealing with various project delivery methods. You can learn more about my diverse construction practice by checking out my blog at Florida Construction Legal Updates.

Accreditation Policy
myLawCLE seeks accreditation for all programs in all states. (Accreditation for paralegals sought thru NALA and NFPA paralegal associations.) Each attending attorney/paralegal will receive a certificate of completion following the close of the CLE program as proof of attendance. In required states, myLawCLE records attorney/paralegals attendance, in all other states attorney/paralegal is provided with the approved CLE certificate to submit to their state bar or governing association.

Automatic MCLE Approvals
All myLawCLE CLE programs are accredited automatically either directly or via reciprocity in the following states: AK, AR, CA, CT, FL, HI, ME, MO, MT, ND, NH, NM, NJ, NY, WV, and VT. (AZ does not approve CLE programs, but accepts our certificates for CLE credit.)

Applied MCLE Approvals
myLawCLE seeks approval via application in all other states that are not automatically approved through myLawCLE’s state accreditation. (Some states may take up to 4 weeks to send in final accreditation, however attendees will receive accreditation according to the date the class was taken—the state of VA may take up to 12 weeks.)

Accreditation on Formats: Live Video Broadcasts, “Live” Re-Broadcasts and On-Demand CLEs

Live Video Broadcasts
Live video broadcasts are new live CLE programs being streamed and recorded for the first time. All of these programs qualify for “Live” CLE credit in all states except NV, OH, MS, IN, UT, PA, GA, and LA —these states require in-person attendance to qualify for “Live” CLE credit.

“Live” Re-Broadcasts
“Live” Re-broadcasts are replays of previous recorded CLE programs, set on a specific date and time and where the original presenting speakers calls in live at the end of the event to answer questions. This “live” element allows for “live” Re-broadcast CLEs to qualify for “Live” CLE credits in most states. [The following states DO NOT allow for “live” CLE credits on re-broadcast CLEs: NV, OH, MS, IN, UT, PA, GA, and LA]

On-Demand CLEs
On-demand CLE classes are available 24/7 via the myLawCLE portal. Attendance to these classes is monitored and recorded via our login process and a certificate of completion is issued upon the close of viewing the program. These CLEs can be viewed at anytime and only qualify for self-study CLE credits.

Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, HI, CT, FL, ME, MO, MT, ND, NH, NM, VT, NJ, NY, and WV. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

myLawCLE Credit Guarantee
Additionally, on all online CLE programs application for approval will be made in all states where attending attorneys are primarily licensed in. If a registered attorney does not receive credit from their state for any reason, a full refund will be granted.

Section I. Background
a) Coverage under CGL Policy
b) Property Damage
c) Occurrence
d) Products Completed Operations Coverage

Section II. Applicable Exclusions
a) J(5) and J(6) Exclusions
b) Damage to Your Work
c) Damage to Your Product
d) Impaired Property
e) Professional Liabilities
f) Pollution

Section III. Miscellaneous Considerations
a) Endorsements
b) Prior Acts
c) Primary & Non-Contributory
d) Additional Insured Status