Contractual Risk Transfer in Construction Course Outline

1. Course Introduction
2. An Overview of Contractual Risk Transfer
   1. Basics of Construction Contracting
      1. Standard Construction Contracts
      2. Goal of Risk Allocation
   2. Contract Review and Negotiation
3. Risk Transfer Provisions
   1. Indemnity (Hold Harmless) Provisions
      1. Scope of Indemnification Obligation
         1. Broad Form Indemnity
         2. Comparative Form Indemnity
         3. Intermediate Form Indemnity
      2. Statutory Limitations
         1. Insurance Provisions and Anti-Indemnity Statutes
      3. Standard Contract Indemnity Provisions
      4. Indemnification of Defense Costs
   2. Limitation of Liability
      1. Types of Limitations
      2. Enforceability
   3. Waiver of Recovery Rights
4. Insurance Requirements
   1. Builders Risk Insurance
      1. Who Purchases the Coverage?
      2. Who is Covered
      3. Minimum Limits of Coverage
      4. Minimum Scope of Coverage
      5. Duration of Coverage
      6. Deductibles
      7. Order of Payment
      8. Waiver of Subrogation
   2. Other Required Property Coverages
   3. Liability Insurance
      1. Who is Covered
      2. Minimum Scope of Coverage
      3. Duration of Coverage
      4. Order of Payment
      5. Deductibles
      6. Waiver of Subrogation
      7. Alternative Liability Coverage Requirements
         1. Owners and Contractors Protective Liability Insurance
         2. Railroad Protective Liability Insurance
         3. Project Management Protective Liability (PMPL) Insurance
      8. Workers Compensation and Employers Liability Insurance
         1. Who is Covered
         2. Minimum Limits of Coverage
         3. Minimum Scope of Coverage
         4. Duration of Coverage
         5. Order of Payment
         6. Deductibles
         7. Waiver of Subrogation
      9. Acceptable Insurance Companies
      10. Evidence of Compliance
   4. General Considerations
5. Contractual Liability Coverage
   1. CGL Policy
      1. Insuring Agreement
      2. The Contractual Liability Exclusion
      3. Definition of "Insured Contract"
      4. Excluded Contractual Liabilities
         1. Damage to the Project
         2. Breach of Contract
         3. Third-Party Beneficiary Claims
         4. Railroad Indemnification Agreements
         5. Assumptions of Professional Design Liability
         6. Personal and Advertising Liability
      5. Other Policy Exclusions
         1. Employers Liability Exclusion
         2. Aircraft, Auto or Watercraft Exclusion
         3. Contractually-Assumed Defense Costs
      6. Restrictive Endorsements
   2. Business Auto Policy
6. Additional Insured Coverage
   1. Scope of Coverage under Standard Endorsements
   2. Owners, Lessees, or Contractors
      1. CG 20 10
         1. History of CG 20 10
      2. CG 20 33
      3. CG 20 37
   3. Engineers, Architects, or Surveyors
      1. CG 20 07
      2. CG 20 32
   4. Important Issues Concerning Additional Insured Status
      1. Right to a Defense
      2. Conflicts with Insurance Requirements
      3. Other Insurance
      4. Shared Policy Limits
   5. Manuscript Endorsements
   6. Auto Liability Insurance
7. Waivers of Subrogation
   1. Policy Subrogation Provisions
      1. CGL and Auto Policies
      2. Builders Risk Insurance
      3. Owner’s Other Property
      4. Workers Compensation
      5. Contractors Equipment
8. Protective Liability Insurance
   1. Owners and Contractors Protective Liability Insurance
      1. Insuring Agreement
      2. Exclusions
         1. Completed Operations Exclusion
         2. Acts or Omissions of the Insured Exclusion
         3. What is "General Supervision"?
      3. Supplementary Payments
      4. Who Is an Insured
      5. Limits of Insurance
      6. Conditions
         1. Cancellation
         2. Changes
         3. Other Insurance
         4. Premiums and Premium Audit
      7. Endorsements
         1. Additional Insured—Engineers, Architects, or Surveyors
         2. Waiver of Subrogation Endorsement
         3. Construction Project Management Protective Liability Coverage
   2. OCP Policy versus Additional Insured Status
   3. Railroad Protective Liability Insurance
      1. Coverage A—Bodily Injury and Property Damage
      2. Coverage B—Physical Damage to Property
      3. Policy Conditions
         1. Other Insurance
         2. Waiver of Subrogation
9. Certificates of Insurance
   1. Standard Certificates
   2. Legal Enforceability
      1. Notice of Cancellation
      2. Disclaimers
      3. Scope of Coverage
      4. Additional Insured Status
   3. Manuscript Certificates
      1. Market Reaction to Manuscript Certificate Requests
      2. Best Practices: Standard versus Nonstandard Certificates
   4. Certificate Management
      1. Verifying Compliance
         1. Selecting and Training Certificate Management Staff
         2. Obtaining Certificates
         3. Obtaining Full Compliance
         4. Waiving Requirements
      2. Monitoring Ongoing Compliance
      3. Maintaining Records