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Construction Insurance: Common Pitfalls and Best Practices

presented by NBI, Inc.
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Construction Insurance: Common Pitfalls and Best Practices

Workshop Description/Agenda

Protect Clients From Hidden Holes in Construction Insurance Coverage

Adequate construction insurance coverage can be the difference between a thriving business and one swamped by costly claims. Are your clients fully covered? In this program, seasoned faculty will highlight common construction insurance mistakes and show you ways to protect clients (and your professional reputation). Avoid policy pitfalls in order to maximize coverage for construction claims - register today!

  • Review commonly-misconstrued construction insurance terms and concepts.
  • Catch unanticipated or improperly allocated risks that unwary lawyers would miss.
  • Identify problematic exclusions and coverage pitfalls in CGL, builder's risk and other insurance policies.
  • Examine real-world insurance coverage cases that did not end well for policyholders.
  • Learn how to remove risk of eliminated coverage for additional insureds.
  • Avoid mistakes when drafting indemnification provisions in construction contracts.


10:00 am to 5:00 pm Eastern Standard Time
Presenters: Scott C. James, Patrick J. McGinley and Justin R. Watkins

  1. Construction Insurance: Key Concepts and Misconceptions
    10:00 - 10:45, Justin R. Watkins
    1. Insurance vs. Indemnification vs. Bonds
    2. First Party and Third Party Coverage Compared
    3. The Duties to Defend and Indemnify
    4. Coverage Triggers Explained
    5. Deductible Limits Clarified: Per Occurrence, Per Claim, and Aggregate
    6. Subrogation in the Construction Context
    7. Exhaustion-Horizontal and Vertical
    8. Insurance Risk Transfer Strategies for Construction Projects
    9. When Does Late Notice Defeat Coverage?
  2. CGL, Builders' Risk and Other Policies: Coverage Pitfalls
    10:45 - 11:45, Scott C. James
    1. Selecting the Wrong Policy - Occurrence vs. Claims Made Policies
    2. Inadequate Limits
    3. Using the Wrong Insurance Carrier
    4. CGL Insurance Coverage - Misunderstanding What is (and is Not) Covered
    5. Builders' Risk Insurance Policies - Key Pitfalls
    6. Workers' Compensation and Employers' Liability Insurance Issues
    7. Professional Liability Insurance Traps
  3. Exclusions to be Wary of (and to Avoid Entirely)
    12:00 - 12:45, Scott C. James
    1. Detangling Exclusions and Exceptions
    2. Exclusions and Exclusionary Endorsements That Can Leave Gaps in Coverage
    3. Real-World Examples of Policy Exclusions Defeating Coverage
  4. Additional Insured/Insurance Provision Traps
    12:45 - 1:45, Scott C. James
    1. Benefits and Disadvantages of Additional Insured Coverage
    2. Additional Insured Pitfalls for the Unwary
    3. Drafting Solid Insurance Procurement Clauses
      1. Type of Insurance
      2. Limits of Insurance
      3. Policy Period
      4. Endorsements and Waivers
      5. Primary CGL Coverage for the AI Coverage
      6. Noncontributory
    4. Certificate of Insurance Traps
    5. Sample Construction Insurance Requirements
  5. Indemnity Landmines
    2:15 - 3:15, Justin R. Watkins
    1. Interplay of Indemnity and Insurance
    2. Oversights in Applying Laws to Indemnity
    3. Unenforceable Indemnity Provisions
    4. Top Drafting Mistakes
    5. Avoiding Ambiguity
    6. Indemnification Provisions - Sample Language and Best Practices
  6. Construction Defects - Avoiding Coverage Gaps
    3:15 - 3:45, Patrick J. McGinley
  7. Legal Ethics
    4:00 - 5:00, Patrick J. McGinley
    1. Disclosure During Contract Negotiation
    2. Communication of Risk Transfers
    3. Wrongful Termination of Construction Contracts
    4. Conflicts of Interest

Who Should Attend

This program is designed for attorneys. Insurance professionals, construction professionals and paralegals may also find it useful.

Additional Information

Training Provider: NBI, Inc.

Course Topics: Construction Training > Construction Fundamentals

Training Course Summary: Construction Insurance: Common Pitfalls and Best Practices

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