AGC’s 2022 conference will benefit anyone interested in controlling the cost of managing the risks inherent in a changing construction industry. Surety bonds, insurance policies, construction contracts and construction operations are all open for discussion.
Joint Ventures: Professional Liability Insurance Challenges
Jeffrey J. Vita, Partner, Saxe Doernberger & Vita, P.C.
Mark Peterson, Senior Vice President & Executive Director, AON Risk Solutions
Patrick O'Connor, Vice President of Risk Management at The Walsh Group
Tuesday, January 25th, 2022 9:40 A.M. – 10:40 A.M.
Joint Venture (JV) arrangements have long been utilized to deliver large-scale construction projects. Traditionally, those JV’s have consisted of 2 or more contractors. Today, however, a variety of delivery models are being used including progressive design, CM at-risk, P3 variations, and JVs comprised of both contractors and design firms. We propose to moderate a panel discussion investigating the benefits, dangers, and costs associated with delivering a project utilizing a JV comprised of both contractors and designers and how such a model differs from other techniques.
The purpose of alternative delivery models is to integrate people, systems, business structures, and practices into a process that collaboratively harnesses the talents of each entity. And while the integrated JV may effectively accomplish the goal of creating a common goal and proportionate financial incentives, the panel will explore whether this model creates an undue financial risk to the contractor as well as limits opportunities to transfer design risks associated with the project. The panel (consisting of an engineering firm, a contracting firm, and an insurance counsel/consultants) will discuss their perspectives on the successes and difficulties associated with utilizing this type of delivery model, how such a model compares to more traditional approaches to large construction projects, and related insurance coverage concerns and potential solutions.
How to Assemble and Take Charge of the Team Needed to Manage a Complex Claim
Jeremiah Welch, Partner, Saxe Doernberger & Vita, P.C.
Catherine A. Damico, Assistant General Counsel, Kiewit Corporation
Regina Adler, Senior Vice President, US Construction Claim Leader, Marsh USA Inc.
January 25, 2022 from 9:40 AM – 10:40 AM and 11:05 AM – 12:05 PM
Claims are inevitable, but the outcome of a large claim is anything but. Having the proper structure in place before a claim happens will help you assemble the right team to either maximize coverage or minimize any claim against you (or both). This panel will address steps contractors should take in advance of any claim, including negotiation of favorable Special Handling Instructions, the assignment of dedicated carrier/TPA teams, pre-negotiated contractor’s choice of counsel, and escalation protocols.
The panel will also address priority post-claim processes, including evaluation procedures, developing roadmaps for handling the claim, understanding priority of coverage, when to engage in defensive investigations, what experts and expertise to bring to your team, and how to manage their disparate perspectives and approaches. Having the right coverage upfront is only half the battle: contractors need to be prepared to protect themselves and maximize recovery or minimize exposure for when large and complicated claims occur.
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