4th Annual Construction Symposium - January 30, 2009
The objective of this course is to educate the attendant on a broad array of issues affecting construction and construction defect claims and the litigation and handling of those claims. The course will educate the attendant 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. Additionally, the attendant will be brought up to date on recent case law with respect to construction claims.
8:00 A.M. - 3:50 P.M.
Cityplace Conference Center
J.C. Thompson Center
2711 North Haskell, Suite 100
Dallas, TX 75204
Click for Directions
This course has been certified for insurance licensee continuing education by the Texas Department of Insurance in the amount of 5.5 general 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.
Trigger of Coverage and Don's Building Supply
This panel discussion will examine recent changes in Texas law on the trigger of insurance coverage brought about by the Supreme Court's decision in Don's Building Supply. The panel will discuss in detail the adoption of the cause in fact trigger of coverage, what it means, how it is applied and how it may be applied, and the impact on construction defect claims and the handling of claims, unresolved issues and what to expect.
Settlements/Allocations/Contribution and Equitable Subrogation
This panel discussion will deal with the myriad of issues that arise in attempting to resolve a case or a claim, particularly in a multi-party context. The panel will examine settlement and allocation issues, settlement credit issues, and contribution and subrogation issues that arise between parties, carriers, and multiple carriers for the same party/insured, potential problems and issues that can arise and present challenges to resolution or to a partial resolution, and will discuss potential ways for dealing with such issues as well as how the law is developing with respect to such issues.
A survey of proposed legislation that has been or may be introduced during the 2009 legislative session, and its impact on residential and commercial construction, as well as insurance and indemnity issues that affect construction claims and suits.
Recent Changes to the AIA Contract Documents and Their Impact
This presentation will address the various AIA form contracts and the recent changes that were made to those form contracts in 2007. The topic will examine the AIA contracts and the provisions that have been impacted by the recent amendments to these contracts, their effect on construction projects and claims arising out of such projects, the industry's response to the amendments, an assessment of how the industry and construction claims will likely be effected, what to expect in the future and the arguments that are likely to result, and a discussion of how to handle claims involving these new provisions.
Default, Termination, Cure
This presentation will examine the high stakes and difficult choices owners, general contractors and subcontractors must face in addressing potential default and termination of a construction contract, including the typical types of disputes that can lead to contract termination, the circumstances under which termination is appropriate and justified and those when it is wrongful, the procedures for terminating construction contracts and the rights and remedies of each party involved with a contract termination, and the handling of claims involving alleged default and/or wrongful termination.
The speaker will discuss the manner in which risk transfer may be contractually accomplished through both indemnity and additional insurance. This topic will address the express negligence doctrine and the criteria that an indemnity agreement must meet in order to effectively transfer risk, as well as the common criteria found in additional insured endorsements to trigger additional insurance.
Perry Homes: When Is the Right to Arbitration Waived?
Enforcing an arbitration clause should generally not be difficult. Texas and federal courts have created a strong presumption in favor of arbitration. However, engaging in litigation prior to seeking arbitration could result in waiver of the right to arbitration. The question remains as to how far one can go before that right is waived and what factors will a court consider when determining if a party has waived the right to arbitration.
Certificates of Insurance: Common Problems That Arise and What You Can Do To Avoid Them
This topic will discuss the current law on certificates of insurance. It will further discuss how problems can arise when providing certificates of insurance to comply with certain contract requirements, and the solution, if any, to those problems.
Copyright Litigation in Construction Matters
The speaker will discuss copyright and ownership issues in design documents. The topic will address the type and scope of protected rights of design professionals in their design documents through copyright and other law, how those rights are affected and play out in the construction process, and how parties are enforcing these rights. The topic will also address how parties in the construction arena are using these and other creative ways to prosecute and defense intellectual property litigation.
The Current State of Our Economy
The speaker will discuss the current economic situation, the history behind it and how it is affecting the construction and insurance industries. He will also address the current economic turn around plan and the potential relief it will provide.