Since 1993, the West Coast Casualty Construction Defect Seminar has become an institution, a staple, and must-go-to event for all the members of the construction defect community. The West Coast Casualty Construction Defect Seminar series is the largest event of its kind worldwide. It continues into its 29th year of bringing the national and international construction defect community its most informative event regarding this specialized subject.
The Bigger They Are, The Harder They Fall – Analysis of New and Emerging Risks in Large Scale Construction Projects
Friday, May 19, 2023 - 9:30 am PST
Cheryl L. Kozdrey, Saxe Doernberger & Vita, P.C.
Cameron Kalunian, Lewis Brisbois Bisgaard & Smith LLP
Ken Kasdan, Kasdan Turner Thomson Booth LLC
Although construction projects come in all shapes and sizes, as a general rule, the largest projects have the greatest risk. Public Works, High Rise Buildings, Stadium, and Hospital projects represent a significant market share of construction today and a disproportionate share of litigated claims. With the involvement of multi-tiered subcontractors, various levels of design professionals, and high dollar value contracts, even the smallest problem in a large scale construction project can result in significant risk to all parties involved – including CGL carriers and sureties. These issues are compounded by the influx of design-build project structures that invoke new risks and overlapping liability between contractors, design professionals, and those with dual roles, triggering a complicated interplay between CGL and professional insurers.
In this session, the presenters will explore the common and emerging risks that are unique to large scale construction projects, analyze liability policy language relevant to adjusting these emerging risks, explore how courts may resolve coverage disputes involving these issues, and discuss proactive strategies for litigating disputes involving these projects – including discussion of the unique aspects of expert discovery and mediation in these types of claims. Finally, through examination of some case studies, the panel will set forth best practices for coverage determinations, adjustment of claims, and litigation (including best practices for expert discovery) in disputes involving large scale construction projects.
- Identification of new and emerging risks either unique to or prevalent in large scale construction projects
- Identification of “hot” coverage issues and recent cases
- Understanding of the unique issues related to large scale Design/Build projects
- Understanding mixed claims and the impact of same on underlying litigation
- Providing strategies for targeted tenders
- Identification and understanding of unique expert issues typical to disputes involving large scale construction projects
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