Recording Date: November 17, 2010
Price: $359

Self Study/Alternate Format CLE: Self-study credit may be available in your state(s) of license for watching a video or listening to an audio recording. Refer to your state bar’s MCLE guidelines for the number of reportable credits permissible via these formats.

To order or learn more, click here or contact Allison Emery at

Agenda & Speakers

I. Breaking Down Typical Construction Contract Claims-What You Need to Prove or Disprove Non payment
•Delay- the kinds of delays, clauses and exceptions, acceleration and inefficiency claim elements
-What constitutes a “defect”
-Contractor liability and defenses
-Design professional liability and defenses
-Indemnity and fault
-Required evidence
•How to “construct” stronger contracts to avoid claims
Daniel Toomey, Esq., Duane Morris LLP, Washington, DC
Lawrence Powers, Esq., Hoagland, Longo, Moran, Dunst, and Doukas, LLP, New Brunswick, NJ

II. Other Actionable Torts in the Construction Context
•Negligence-failure to supervise, breaches of duties including good faith and fair dealing
•Business interference
•Personal injuries in construction, including CDW, vapor intrusion, mold, etc.
•New Medicare requirements
John Viggiani, Esq., Marshall, Dennehey, Warner, Coleman & Goggin, Jacksonville
Sandy Kaplan, Esq., Gordon & Rees LLP, San Francisco

III. Coverage Issues
•What is an occurrence?
•What is property damage?
•Key coverage issues – property damage and the hidden exclusions
•Additional Insureds
Lee Shidlofsky, Esq., Visser Shidlofsky LLP, Austin
Erika Aljens, Esq., Nelson Levine de Luca & Horst, Blue Bell, PA

IV. Green Building and Green Building Insurance: What “Green Building” is and what it is NOT
•How to market green buildings and building products
•Importance of accuracy in “green marketing”
•Green Building programs/certifications
-Development of LEED standards
-State/municipality requirements
•Green Building risks: compliance issues, defect issues, LEED certification failure
•Right to repair statutes and green building issues
•Recent case law and how to assess damages
Nathan Sinning, Esq., Alston & Bird LLP, Los Angeles
Richard W. Gaeckle, Esq., Hoagland, Longo, Moran, Dunst, and Doukas, LLP, New Brunswick, NJ

V. Remedies
•Proving damages
•The experts you’ll need and why
Scott Gray, Managing Director, Navigant Consulting, Inc., Miami
Christopher Nutter, Associate Director, Navigant Consulting, Inc., San Francisco