Monday, November 2—Half-Day Workshops

M1. Introduction to Construction Risk Management

An individual charged with the risk management responsibilities for a construction company must wear many hats—far beyond the most well understood role of designing and managing the insurance program. Getting one’s arms around each of these roles can take years, but the first step is to fully understand the key aspects of a construction risk manager’s job. Whether you are new to risk management or new to the construction industry, this half-day "boot camp" style of workshop will get you up to speed on the key elements of construction risk management—including risk financing, safety and loss control, contractual risk transfer, establishing and maintaining provider relationships, and more—and provide insight into some of the secrets of the trade.

Ric Burwell, Risk & Employee Benefits Manager, Teichert Construction—Teichert Materials

M2. Identifying and Managing Contract Risks

One of our most popular topics, this workshop provides a practical approach to managing risk through the review and negotiation of construction contracts. Find out how to protect your organization, or your client, from problematic language in key provisions such as changes, unforeseen conditions, delays and schedule, payment, termination, dispute resolution, indemnity, limitations of liability, and insurance. Learn the typical approaches to insuring construction risks and how common problems can be avoided by involving knowledgeable insurance professionals in the drafting of insurance requirements. Aimed at those new to construction risk allocation, but with an eye on current developments, this session is also a good refresher for veterans.

H. James Wulfsberg, Chairman of the Board and CEO, Wulfsberg Reese Colvig & Firstman, Professional Corporation

M3. Wrap-Up Dos and Don’ts

For all the controversy and angst they generate, most in construction risk management agree that wrap-up insurance programs (OCIPs and CCIPs) serve a purpose and, due to a combination of market-based, legislative, and judicial pressures, are a part of the landscape that is not going away any time soon. If anything, these programs are likely to become more prevalent. The goal then is to purchase and administer these programs in a way that serves the needs of all participants at the lowest total cost—from the initial premium payment to the last construction defect claim. In this workshop, a panel of wrap-up experts will engage in a lively examination of both good and bad practices currently found in these complex construction insurance programs. Our goal will be for you to leave the session with both a better understanding of how this shared risk management mechanism alters the relationships between the various parties on projects and how to maximize the probability that your company’s or client’s involvement in wrap-up programs is successful.

Moderator:
Jack Gibson, President, IRMI
Panel:
Karen A. Frankel, Senior Vice President, Willis Americas
Paula C. Gentile, Senior Vice President and General Counsel MGM MIRAGE Risk Management
William S. McIntyre IV, CEO and President, American Contractors Insurance Group
Christopher T. Smith, Corporate Insurance Manager and National CCIP Director, Turner Construction Company
Bruce Wick, Director of Risk Management, California Professional Association of Specialty Contractors (CALPASC)

M4. Filling Your "Green" Toolbox

"Green" building is no longer a distant consideration for owners, developers, designers, and contractors. Amidst the opportunities, "green" presents a minefield of potential risks, both new and old, including design errors, third-party certifications, faulty workmanship, poor product selection, and unmet end user expectations. Contract documents are just beginning to address these issues. This session will focus on strategies for identifying and managing the many risks presented by "green" building, including contract provisions, purchasing and operations procedures, and the importance of proper use and maintenance after construction. Attendees will also learn about the federal government’s green initiatives and the associated risks for government contractors with green requirements. Emerging insurance coverage considerations will also be examined.

Steven M. Charney, Co-Managing Partner, Peckar & Abramson, Managing Partner, Peckar & Abramson New York Office
Michael Feigin, Managing Director, Marsh USA Inc.
William W. Thompson, Partner, Peckar & Abramson, P.C.

M5. Reducing Risks Via Quality Control and Leadership

One of the most prevalent issues contractors face is managing quality. Failure to address quality issues effectively can result in construction defect claims, bond defaults, and myriad other claims. In the current economic situation, it is more important than ever for contractors to manage their quality process from start to finish by monitoring performance and assuring a quality project. This workshop will examine best practices on how to improve and enhance quality performance by adopting a risk management approach that focuses on prequalification of subcontractors, targeting of large potential loss areas, and the elimination and prevention of nonconforming work. Attendees will take part in a hands-on demonstration exploring what it really takes to create a culture of success on a project that creates the necessary balance of safety, quality, and productivity.

Rodney Grieve, Facilitator, BRANTA
Patricia Kagerer, Vice President of Risk and Safety Management, Jordan Construction

Monday, November 2—All-Day Workshop

M6. Workers Compensation Insurance for Contractors

This workshop lasts all day (9:00 a.m.-4:30 p.m.). If you choose this option, do not select a second session to attend on Monday.

Unlike most lines of coverage, workers compensation insurance is directly tied to statutory rules and stipulations that dictate who is covered, the scope of coverage, how policies are written, and the benefits payable. The courts also frequently weigh in on the issue of compensation for work-related injuries. While most states require workers compensation insurance to be written in compliance with a standard set of rules created by the National Council on Compensation Insurance, some states publish their own rules and forms. The challenge in workers compensation, therefore, is getting up to speed and staying there with respect to state laws, legal rulings, and administrative requirements. Contractors and their insurance agents and brokers need to understand the laws of their state, the rules that apply, and the unique exposures they face that may require modifications to the policy or even the purchase of a separate workers compensation policy when working in certain states. After attending this workshop, attendees will be well on their way to passing the workers compensation course requirement of the Construction Risk and Insurance Specialist (CRIS) certification.

William H. Perkins, Instructor, Florida Association of Insurance Agents
James E. Pocius, Attorney, Marshall Dennehey Warner Coleman and Goggin