Wednesday, October 29—Half-Day Workshops (select one from W1–W6)
Insurance coverage terms and conditions fluctuate in response to certain
key events and in anticipation of others. Insurers’ appetite for risk changes
based on past loss experience, economic conditions, and court interpretations
of policy provisions. This workshop outlines trends in construction insurance—from
the use of coverage-restricting endorsements and coverage enhancements to crucial
court decisions that impact contractors’ coverage.
William R. Joyce,
Partner/Practice Area Leader Construction Law, Faegre & Benson
Karen A. Reutter,
Senior Vice President, Aon—Construction Services Group
Most contractors aren’t familiar with the many construction pricing and billing
practices that may violate the False Claims Act, which imposes civil and criminal
penalties for fraudulently charging the government for goods or services. Even
more alarming is that the Act’s reach extends beyond federal contracts to any
project that includes federal funds. Penalties range from fines to imprisonment
to “delisting,” which is a deathblow for many contractors. Contractors will
learn how to protect your company from this minefield, and agents will learn
how to advise contractor clients of a hidden but potentially devastating risk.
-
Reviews the requirements of the Act, the projects to which it applies,
and penalties for violations.
-
Examines the application of the Act to contractors’ methods of allocating
their insurance costs, including credits for retrospective adjustments,
discounts, dividends, and more.
-
Provides strategies for managing this risk, including design and implementation
of a compliance program.
Steven M. Charney,
Attorney/Co-Managing Partner, Peckar & Abramson, P.C.
William W. Thompson,
Partner, Peckar & Abramson, P.C.
The Port Authority of New York and New Jersey downtown restoration project
in Manhattan represents one of the most complex single-site construction projects
in history. The size and scope of this project—from commercial building to interstate
transportation—present risk management and insurance challenges that are unprecedented.
Drawing on the experience of key players, this workshop examines the colossal
coordination required to arrange an insurance program and minimize risks in
preparation for this historic undertaking.
-
Examines the unique risks associated with a high-density, high-profile
project in a post-9-11 world.
-
Reviews the challenges and solutions for obtaining insurance for a project
of this scope and magnitude.
-
Demonstrates how to achieve the required coordination to ensure risks
from every facet of the project are adequately addressed.
James Owen Hayes,
Senior Account Executive, Aon Risk Services
John Henderson,
Head of Marine, Energy, Liability, Aspen Insurance UK Ltd
Jon C. Huxel, ARM,
Manager, Risk Management, Port Authority of New York & New Jersey
Stephen M.
Marcellino, Partner, Wilson Elser Moskowitz Edelman & Dicker LLP
Contractors operating on thin margins must aggressively manage the cost of
risk. Successful contractors, therefore, must stay abreast of state-of-the-art
risk management techniques. This workshop highlights two recent risk management
initiatives to be recognized with the Gary E. Bird Horizon Award as innovative
and effective techniques for managing some of the contractors’ most pervasive
risks.
-
Outlines an integrated risk/safety management process for improving safety,
quality, and employee wellness.
-
Reviews one company’s actual plan to reduce losses and improve worker
safety, which converted a cost center into a competitive advantage.
Patricia Kagerer,
Vice President Risk Management, CF Jordan
Alan J. Ruben,
Chief Financial Officer, DRI Companies
Many of the most critical risks for contractors flow through the construction
contract. Learning how to analyze and manage these risks is critical for a contractor’s
long-term success and profitability. This workshop brings together two popular
speakers to provide a fast-paced discussion of proven tips for managing and
mitigating contract risks.
-
Provides suggestions for ensuring enforceable indemnity provisions.
-
Identifies troublesome contract provisions and offers recommendations
for modifying them.
-
Provides a practical list of strategies for a successful contract negotiation.
Gerald I. Katz,
Senior Partner, Katz & Stone, L.L.P.
Frank Keres,
President, Construction Risk Associates, Inc.
Determining coverage under a builders risk policy can be a challenge. Because
these policies are not standardized, you must read them carefully to understand
the scope of coverage. Further, policy terms and provisions are interpreted
differently in different jurisdictions based upon state law. This workshop discusses
key components of builders risk policies and provides attendees with a comprehensive
approach to preparing claims and analyzing coverage.
-
Examines policy provisions that most commonly lead to coverage disputes.
-
Identifies potential coverage gaps as determined by the law in the applicable
venue.
-
Illustrates key concepts in preparing claims, using real-life scenarios.
Colin Daigle,
FACS Construction Consulting Practice Leader, Marsh
Tracy Alan Saxe,
Partner, Saxe Doernberger & Vita, P.C.