Monday, October 27—Half-Day Workshops

M1. ABCs of the Construction Process

Risk and insurance professionals must understand a client’s business and operations in order to help them manage and cover their risks. This workshop explains the construction process, from the contracting stage to closeout. Designed primarily for nonconstruction professionals who serve contractors and need a better working knowledge of their business and operations, but also appropriate for risk managers new to construction.

  • Outlines the flow of a construction project from design and development through closeout.

  • Clarifies construction terminology, such as change orders, submittals, retainage, fixed price, cost-plus, and more, that may be confusing to those outside the construction industry.

  • Shows how a contractor’s daily business operations impact its insurance program.

Daniel Murphy, Vice President-Construction Services, Zurich Construction
James M. Shay, CRIS, ARM, Risk Management Executive, American Contractors Insurance Group

M2. Managing the Risks of Hiring Independent Contractors

Despite the many benefits of utilizing independent contractors on a construction project, parties who do so undertake a variety of risks. From vicarious liability for a contractor’s negligence to statutory liability for workers compensation benefits to contractor default, these arrangements present risks for the hiring party. This workshop outlines the various liabilities associated with hiring independent contractors and how to protect yourself against these risks.

  • Outlines key risks associated with the use of independent contractors for owners and contractors.

  • Provides strategies for minimizing or avoiding independent contractor risks.

  • Shows how to design an insurance program that adequately protects against the risks that cannot be avoided.

Jeffrey A Segall, CPCU, CRIS, Vice President, CNA
Lane Tanabe, Chief Financial Officer, Absher Construction

M3. Building Information Modeling (BIM)

Building information modeling (BIM) has emerged as an exciting new technology for improving the way construction projects are built. While most construction and design professionals have heard of BIM, many are still trying to get their arms around what exactly it is; how it impacts their work as a designer, contractor, or project owner; and what its implications are for their risk and insurance programs. This workshop will get you up to speed on all of these aspects of BIM technology.

  • Provides a baseline overview of BIM, including benefits and risks for participants, how the technology is evolving, and a demonstration of how BIM facilitates the construction process.

  • Examines legal issues associated with BIM, including contractual risks, and a review of how well standard contracts address these risks.

  • Discusses insurance coverage issues, including general and professional liability exposures, and how insurance markets are responding to these risks.

Douglas C. Green, Vice President, Marsh USA National Construction Industry Practice
Dwight A. Larson, Esq.,
Vice President and Senior Counsel, Mortenson Construction
Linda Morrissey, AIA,
Senior Preconstruction Manager, Mortenson Construction
Catha Pavloff,
Senior Vice President, Marsh USA National Construction Industry Practice

M4. Building a Better Wrap-Up

Wrap-up insurance programs are a significant segment of construction insurance. While wrap-ups offer a number of advantages, including potential cost savings and consistency in coverage, they also pose some significant challenges. This workshop outlines strategies for improving the effectiveness of wrap-ups, from the design of coverages to defense of claims.

  • Identifies potential coverage gaps in participating contractors’ insurance programs and makes recommendations for filling these gaps.

  • Provides suggestions for improving the way wrap-ups are administered and serviced.

  • Offers insight into the complexities of defending multiple parties against claims and the benefits of a properly drafted joint defense agreement.

Jill B. Berkeley, Partner, Howrey LLP
Jim Gloriod, Managing Director, Aon Risk Services
Richard Resnick, ARM, MBA, National Program Manager/Regional Director, Wrap-Ups; Construction Services Group, Aon Risk Services Northeast, Inc.

M5. “911—What Is Your Emergency?”

By their nature, accidents on construction sites often involve life-and-death situations, as well as conspicuous property damage, and therefore draw great attention. When a crisis occurs, project participants will face intense demands for attention, information, and assistance. Managing the crisis requires prioritizing and balancing the needs of the affected parties, including injured workers, family members, uninjured coworkers, regulators, and the public. In the dizzying frenzy of the moment, a thorough, well-executed plan can keep a bad situation from becoming much worse.

  • Identifies the varying needs to be addressed during a crisis.

  • Provides guidance for developing and implementing a crisis management plan.

  • Addresses the needs of uninjured employees following an accident.

Dan Sielicki, Director of Risk Management, Baker Concrete Construction, Inc.
Bob VandePol, President, Crisis Care Network

Monday, October 27—All-Day Workshop

M6. Fundamentals of Contractual Risk Transfer

This workshop lasts all day (9:00 a.m.–5:00 p.m.). If you choose this option, do not select a second session to attend on Monday.

From a risk management perspective, construction contracts can be a valuable tool or a deadly trap for a contractor. Unfortunately, many contractors accept onerous contractual provisions without complaint (often without even noticing them), particularly when the business climate is very competitive. This blind acceptance of risk exposes contractors to potentially catastrophic losses. A well-prepared and knowledgeable risk adviser can help avoid that unfortunate and costly situation. This course, based on the CRIS curriculum, is a great step toward the knowledge you need.

  • Analyzes key risk transfer provisions in construction contracts and offers suggestions for modifying problematic clauses.

  • Identifies potential gaps between a contractor’s contractually assumed liabilities and its coverage for these risks and offers suggestions for closing these gaps.

  • Prepares attendees to pass the “Contractual Risk Transfer” course exam of the Construction Risk and Insurance Specialist (CRIS) certification.

W. Meade Collinsworth, CPCU, CRIS, President, Collinsworth, Alter, Fowler, Dowling & French Group, Inc.
William H. Perkins, CRIS, Instructor, Florida Association of Insurance Agents