Tuesday, November 15—Afternoon Workshops (select two from T1-T8)
Learning Tracks
To help you select sessions that will be of greatest interest and value to
you, the workshops are classified under one or more of the following learning
tracks.
| Bonding |
| Contractors |
| Insurance |
| Legal |
| Owners |
| Safety |
See Full Agenda
T1. Performance and Payment Bond Claims
Construction payment and performance bonds provide assurance that
contractors or subcontractors will fulfill their obligations under the
construction contract. For these bonds to be effective, the claimant needs
to understand what to expect when making a claim against the bond and what
the surety’s obligations are to both the claimant and its principal. This
session provides an overview of the surety’s obligations to claimants and
the surety’s principal, as well as its investigation of and defenses to
performance and payment bond claims. In addition, learn what to expect when
a claim is made on a performance bond, including evaluating completion
options, selecting a remedy, negotiating takeover agreements, and dealing
with subcontractors. Attendees will leave this very practical session with a
greater understanding of all of the factors that must be considered in
pursuing and handling bond claims. (B, C, L, O)
Gerald I.
Katz, Senior Partner, Katz & Stone, LLP
T2. Introduction to Integrated Project Delivery
Integrated Project Delivery, or “IPD,” is an attempt at solving the
age-old problem of picking the right players who can function together as a
team to deliver a quality construction project. However, IPD presents some
very interesting contract and legal issues for the construction and
insurance community. This workshop provides a basic overview of IPD,
including how it is structured, how the project risks differ from other
project delivery methods, and the legal ramifications and obligations
associated with an IPD contract. (B, C, I, L, O)
Stephen A. Hilger, Shareholder, CEO,
Hilger Hammond, PC
T3. Contractors Equipment - Protecting Vital Assets
Contractors equipment represents a significant exposure for many
contractors. Contractors equipment insurance can provide protection against
damage to, or theft of, construction equipment, but because a loss of key
equipment can result in project delays and other indirect costs, most
contractors need a strong loss prevention program that will help them avoid
these losses altogether. This workshop outlines the most common types of
equipment losses, common hazards involved in equipment operations, and
recommended control techniques and requirements. Attendees will leave the
session with a better understanding of how to prevent equipment losses,
preplan for safe operations, evaluate job site security, and establish
effective maintenance programs. (C, I, O, S)
Christopher
J. Beckman, Asst.
Vice President of Loss Control Technical Services, The Hanover Insurance
Group
Mark W. Monson, Director, Loss
Control Specialty, The Hanover Insurance Group
T4. Deconstructing the Wrap-Up Pro-Forma
The decision to utilize a wrap-up insurance program on a construction
project routinely occurs prior to the letting of contracts on the project.
As such, a wrap-up sponsor (owner or general contractor) must rely on a
financial pro forma to assess the anticipated financial implications of
sponsoring the wrap-up. If the pro forma is inaccurate, it can create
unrealistic expectations of the financial performance of the wrap-up and
have serious financial implications for the sponsor. This session will
analyze all of the key components of the financial pro forma and highlight
key assumptions which have the greatest impact on the bottom line. Sponsor
expense items that are routinely omitted from a wrap-up financial pro forma
will also be identified. Attendees will leave the workshop with an improved
understanding of the cost components of a wrap-up and better prepared to
evaluate these complex documents. (C, I, L, O)
Steven A.
Coombs, President, Risk Resources, Inc.
Timothy E.
Walsh, Executive Vice President, Managing National Director, Aon
National Wrap-Up Group
See Full Agenda
T5. Damage to the Project: Interaction of Builders Risk
and CGL Policies
Builders risk insurance and commercial general liability insurance are
two of the core coverages contractors and project owners rely on to cover
losses arising out of a construction project. For the most part, these two
policies are designed to dovetail their coverage, but some overlaps do exist
with respect to damage to the project. Usually, the policy language is clear
with respect to how they respond to a specific type of claim, but when it is
not clear, claims and litigation costs escalate and the project schedule and
budget are hindered. This workshop will break both coverages apart to
discuss how they respond to losses on a construction project: What types of
losses does each policy cover? Which is primary when both policies are
triggered? Who should be insureds and additional insureds? How does
subrogation come into play? Also examined for each coverage will be key
issues to be aware of in today’s market, including trends in amending policy
language, and how they impact claims. (C, I, L,
O)
Kelly J. Kinzer, Vice President, Marsh,
Inc.
Karen A.
Reutter, Senior Vice President, Marsh, Inc.
T6. Practical Strategies for Creating Effective Joint
Ventures
The recent construction economy has made joint ventures an increasingly
common approach for construction projects. Building on an introductory
workshop at last year’s Conference, which outlined the basic elements of a
joint venture, this workshop takes an advanced look at some of the more
practical challenges in creating a successful joint venture, such as
strategies for selecting joint venture partners, surety hurdles, risk
management challenges, designing and implementing a joint venture insurance
program. (C, I, L, O)
Michael J.
O’Neill, President, American Contractors Insurance
Group
T7. Establishing Protocols for Contractors' Pollution Liability
Claims
A potential pollution incident often results in a frantic search for
answers: Are we responsible? How do we keep the project on track? Do we
have coverage for something like this? Even the best run companies face the
risk of an environmental incident. This workshop will discuss several
contractor-related environmental claim scenarios and offer suggestions for
how best to navigate the claim through the insurance company’s claims
department. Two industry claims veterans will discuss how to avoid pitfalls
in the environmental claims-handling process and provide insights into
claims-related legalese and documents. (C, I, L,
O, S)
Jeffrey S. Barron, Partner, Morris
Polich & Purdy, LLP
Robert M. Burkholder, Jr., Vice
President-Divisional Head of Claims, Environmental Division, Great American
Insurance Company
T8. How Recent Court Decisions Impact Contractors'
Insurance Coverage
A panel of two coverage lawyers and an insurance broker will discuss
major issues related to insurance coverage for the construction industry.
The intent is to provide insight into those developments through the newest
and most important coverage cases that have been decided over the past 18-24
months, with an emphasis on newer cases. The topics will range from
construction defect (including occurrence, court treatment of the property
damage exclusions, and other issues germane to construction defect claims)
to coverage triggers, horizontal versus vertical exhaustion, and
allocation. Contractual risk transfer mechanisms such as developments in
additional insured and indemnity will also be discussed, subject to recent
court treatment. (C, I, L, O)
Steven D. Davis,
Director, McGriff, Seibels & Williams
Jeffrey J. Vita,
Partner, Saxe Doernberger & Vita, P.C.
Pat
Wielinksi, Principal, Cokinos, Bosien & Young
See Full Agenda