Construction Archives

Daubert Motions in Construction Litigation: Standards for Expert Witnesses in Design and Defect Claims

February 1st, 2023|Categories: Emerging Issues Webinars, Featured On-Demand, HB Tort Notes, New Webinars, Tort Litigation, Tort Webinars|Tags: CLE, cle webinar, cle webinars, Construction, Construction Litigation, expert witness, hb litigation, litigation discovery|

Daubert Motions in Construction Litigation: Standards for Expert Witnesses in Design and Defect Claims Raising or Defending Daubert Challenges to Admitting Expert Testimony In most construction suits, both sides rely on experts to provide opinions and testimony supporting or against claims of liability and damages. Such expert testimony often involves determining fault for design and construction defects, schedule delays, and worker inefficiency. Expert opinion and testimony impact all parties in a construction dispute, including property owners, developers, financial institutions, design professionals, contractors, subcontractors, suppliers, and vendors.The Daubert/Frye ruling and the body of law on challenging expert opinions and testimony continue to evolve for construction disputes in both state and federal courts. Courts permit testing expert of testimony and an expert’s foundational methodology or technique to ensure that it is relevant and reliable.Listen as our panel of construction litigators discusses the applicability of the Daubert/Frye standards to the presentation of expert testimony [...]

Construction Builders Risk and CGL Insurance: Scope of Coverage, Covered Losses, Exclusions, AI Endorsements

January 26th, 2023|Categories: Featured On-Demand, HB Tort Notes, Tort Litigation, Tort Webinars|Tags: CLE, cle webinar, cle webinars, Construction, hb litigation, litigation discovery|

Construction Builders Risk and CGL Insurance: Scope of Coverage, Covered Losses, Exclusions, AI Endorsements: Mitigation Construction- Related Disputes; Key Challenges for Claims Under Builders Risk Vs CGL Coverage Counsel to builders and developers must consider are who is covered, what property is covered, what limits and sublimits apply, and when/how coverage applies. Because builders risk policies are not standardized, coverage varies dramatically between insurers. Coverage disputes often arise over the types of costs recoverable, calculation of economic damages, and the coverage exclusions and exceptions.For liability disputes, CGL coverage must be adequately placed to cover construction risks during the course of construction as well as after. Typical issues include who is covered, the scope of coverage, and exclusions and conditions that apply.Counsel often must also navigate the interplay between builders risk policies, CGL policies, including wrap policies, and professional liability policies. These issues are influenced by the language [...]

Drafting Joint Defense Agreements: Protecting Privilege, Sharing Work Product, Avoiding Disqualification

January 23rd, 2023|Categories: HB Tort Notes, Tort Litigation, Tort Webinars|Tags: CLE, cle webinar, cle webinars, Construction, hb litigation, litigation discovery|

Drafting Joint Defense Agreements: Protecting the Privilege, Sharing Work Product, Avoiding Disqualification Joint defense agreements can be a valuable tool for counsel representing co-defendants facing a variety of types of litigation, including intellectual property, securities, energy/environment, commercial litigation, antitrust, product liability, and mass torts. Joint defense agreements allow defendants to reduce costs and coordinate strategies, discovery, and filings.Joint defense agreements are not without risks, however.Sharing work product and confidential information among defendants--who are frequently also competitors--may expose and lead to future litigation among the co-defendants. Counsel considering entering into joint defense agreements must carefully scrutinize the pros and cons and establish preemptive safeguards to protect their client's interests and confidential information.Listen as our authoritative panel of experienced litigators examines the critical factors that parties contemplating a joiit defense argument must evaluate, the essential provisions of the deal itself, and strategies for meeting the legal ethics requirements related [...]