3rd Annual Construction Symposium - January 25, 2008The 3RD Annual Construction Symposium will be held on Friday, January 25, 2008 at Cityplace Conference Center in Dallas, Texas. This course will cover a broad array of issues affecting construction and construction defect claims and the litigation and handling of those claims. It will also include discussions on liability issues, standards, statutes and case law pertaining to those issues. The course will also address risk transfer, insurance and coverage issues with respect to such claims, and other issues affecting construction claims as well as trends in the construction industry.
Cityplace Conference Center
J.C. Thompson Center
2711 North Haskell, Suite 100
Dallas, Texas 75204
Click for Directions
This course has been certified for insurance licensee continuing education by the Texas Department of Insurance in the amount of 4.5 general credit hours and 1.0 Ethics/Consumer Protection credit hours.
Cooper & Scully, P.C. is a Texas Department of Insurance registered CE provider (#1107).
This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 5.5 hours, of which 1.0 credit hours will apply to legal ethics/professional responsibility credit.
Insurance Coverage for Construction Defects - The Final Word from the Texas Supreme Court in Lamar Homes
R. Brent Cooper
Mr. Cooper and Mr. Shidlofsky will present the current law on general liability coverage for construction defects, including whether the construction defect claim constitutes "property damage" caused by an "occurrence".
Trigger Theories - When Does Property Damage Occur in the Continuous or Progressive Damage Claim?
R. Brent Cooper
R. Doug Rees
The topic involves a discussion of the various trigger theories employed throughout the various jurisdictions, the implications of those theories in the context of construction defects including progressive and continuous damages. The topic will also include the potential for applying multiple trigger theories to the same damages, the complexities of apportioning coverage among multiple carriers, and where Texas law may be going with respect to such issues. The panel will also discuss how various trigger theories will affect coverage for additional insureds.
Additional Insured Coverage
Ms. Sheffield and Mr. Fischer will discuss the requirement of the most widely used additional insured endorsements, including the written contract requirement, ongoing/completed operations requirements and limitations on scope of liability of the additional insured and named insured. The speakers will also discuss complications on additional insured coverage created by tie-in provisions and the current legislation that may affect additional insureds. Finally, the topic will include a discussion of potential duties of additional insureds.
Mr. Raley and Ms. Cooper will discuss the challenges presented by the changing discovery rules regarding electronic discovery and other related issues in the context of construction claims.
Settle & Chase
R. Doug Rees
Mr. Rees will discuss the complexities of settling construction defect claims and then pursuing subrogation and indemnity from other parties including the current law in Texas affecting such claims and circumstances and the potential consequence of settling without full disposition of the third parties.
The Evolution of Contractual Indemnity
This topic includes a discussion of the fair notice doctrine used by Texas courts to interpret contractual indemnity agreements, including the express negligence test and the conspicuous requirement. Ms. Faust will also discuss whether defense costs incurred prior to tender for defense under are included in the indemnity obligation, the implications of contractual liability insurance coverage, indemnity obligations to non-contractual parties, and anti-indemnity statutes and pending legislation.
Trends In the Construction Industry
The topic addresses the latest trends in the construction industry and including the type of projects that are being built, where they are being built and possible economic reasons for the selected locations. He will also discuss the way projects are being structured, including contractual relationships and insurance products and programs, and other related issues.
Lesser Used Contractual Defenses
Mr. Walters will address the various provision of the typical construction contract, including many of the finer points of such contracts, and how to effectively use those contractual provisions in the defense of the case.
Rights of Insureds Upon Denial of Insurance Coverage
The topic includes a discussion of the insured's rights when the general liability insurance company denies insurance coverage for a construction defect type claim, including right to settle and right to assign rights against insurer. The presentation will include a discussion of the insurer's rights and duties after denial of coverage.
Waiver of Subrogation
Ms. Sohlman will discuss waivers of subrogation and their application in construction contracts and to construction claims. This topic will address the scope of such contractual provisions, when they are applicable, and how they have been applied.