Wednesday, November 16—Morning Workshops (select one from W1-W6)

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.

W1. Understanding and Evaluating Risk Financing Options

Contractors and project owners have a variety of risk financing options to choose from, ranging from guaranteed cost insurance to a captive insurance company and many options in between. Each has its own set of pros and cons, which are determined in part by the characteristics of the company evaluating them. This workshop will describe how each of the key types of risk financing options works and then provide criteria for evaluating and selecting between these alternatives. (C, I, O)

Steven Pahl, Senior Consultant, Risk Resources

W2. Practical and Effective Risk Management Techniques

This session provides a hands-on, practical approach to construction risk management that will address not just what to do, but how to do it. Fast-paced and broad in scope, this workshop will teach attendees strategies for many practical issues, such as managing workers compensation claims, detecting workers compensation fraud, investigating and settling claims, verifying compliance with insurance requirements, motivating employees to follow safety practices, preparing for litigation, getting the most out of your information systems, and much more. (C, I, O, S)

Frank Keres, President, Construction Risk Associates, Inc.

W3. Preventing and Defending Construction Defect Claims

Construction defect claims cost the construction and insurance industry more than $3 billion annually. Contractors must take proactive steps to prevent these claims, while simultaneously making sure they are prepared to defend against claims that do arise. This workshop addresses both of these issues. Leading causes of construction defect claims will be examined, and case studies will be used to demonstrate practical steps that can be taken to avoid these types of claims. Proven elements of an effective construction quality control program, and how such a program reduces the risks of construction defects, will also be examined. Also, learn the key elements of a project documentation management policy and the impact proper documentation can have in resolving claims to your benefit. (B, C, L, O)

Michael Herlihy, Executive Vice President and Partner, Ames & Gough, Inc.
Robert J. Kreuzer, Director, Claim Services-Construction Defect, Travelers
H. Alan Mooney, President, Criterium Engineers

W4. Contractual Risk Transfer - Trends and Challenges

Contractual risk transfer best practices are moving targets as laws regarding indemnity, additional insured requirements, and certificates of insurance are constantly evolving. Meanwhile, policy forms and standard certificate forms are periodically revised. This panel will identify key trends and challenges in contractual risk transfer and make practical suggestions for coping with them. Subjects addressed will include (a) insurance requirements, (b) additional insured issues, (c) indemnification and hold harmless clauses, (d) certificates of insurance, and (e) notice of cancellation requirements. An interactive discussion on these subjects from a variety of unique perspectives will form the basis of this dynamic and fast-paced panel discussion. (C, I, O, R)

Jack Gibson, President & CEO, IRMI, (Moderator)
Teresa A. Martin, Vice President, Producer, Lockton Companies, LLC
Ron Rakich, President, Ron Rakich & Associates, Inc.
Richard J. Scislowski, Senior Research Analyst, IRMI
William G. Sharp, Vice President, Risk Management, McCarthy Building Companies
Dan Sielicki, Risk Manager, Baker Concrete Construction, Inc.

W5. Practical Insights for Federal Contractors

Performing work for the federal government introduces unique risks that many contractors (and their advisers) do not fully understand. This workshop will address some of the critical risk management issues for contractors on federal projects, including practical strategies for avoiding problems with the False Claims Act, federal ethics and compliance requirements, socioeconomic issues such as the impact of the Buy American Act and use of disadvantaged entities, how a general contractor sponsors a subcontractor’s claim, and the dispute process. This workshop will help prepare contractors embarking on their first federal project as well as sharpen the understanding of those already engaged in federal work. (C, I, O, R)

Christian E. Jahrling, Vice President & General Manager, Turner Construction Company
William W. Thompson, Partner, Peckar & Abramson, P.C.

W6. Negotiating for Fun and Profit

Do you dread sitting at the negotiating table? We negotiate every day over countless issues but often do so without the benefit of coaching in this important art. Developing successful negotiating strategies has never been more important in protecting your firm’s interests and managing its risk. This session will present a high-energy review of the art and science of effective negotiating, from selecting your negotiation team to outlining your objectives, to rehearsing as a team, to making appropriate and timely concessions, and recognizing when walking away may be your best option. You will also learn how to defuse common negotiating tactics and the identification and use of personality traits to your advantage. Don’t miss this chance to hone your negotiating skills, increase your confidence in a negotiating setting, effectively employ negotiating tactics, and improve your results in both personal and professional negotiations. (B, C, I, L, O)

Daniel S. McGarvey, Managing Director, Marsh

See Full Agenda