Construction Property Damage Claims and Insurance Considerations

$195.00

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

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•   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.

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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.

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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