Construction Contracts Seminar

Construction is a risky high-stakes business. Construction disputes often result from misunderstandings over insurance coverage. Contractors’ commercial insurance policies are drafted with a short, broad statement of coverage that is then limited by a lengthy series of definitions, exclusions, exceptions to exclusions and supplemental endorsements. As a consequence, most insurance policies are extremely difficult to read and understand. This seminar will assist you in having a good, plain English understanding of what is and what is not covered by your commercial general liability insurance policy.

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Seminar Highlights

  • Coverage basics: definitions of terms
  • Claims made compared to occurrence policies
  • No coverage (exclusion) for property damage to your work
  • Exception to the exclusion: coverage for damage to another and for your subcontractor’s work
  • New interpretations of CGL policies from our courts

Learning Objectives:

  • The attendee will be able to review CGL coverage.
  • The attendee will be able to explain cost-effective coverage.
  • The attendee will be able to discuss when an accident is a covered claim.
  • The attendee will be able to compare the various types of delivery systems for construction projects and determine which system is more appropriate for their given conditions.
  • The attendee will be able to incorporate performance requirements in order to perform or monitor the progress of the project.

Who Should Attend?

This one-day seminar is designed for project managers, presidents, vice presidents, owners, engineers, controllers, accountants, contract managers, architects, purchasing professionals, estimators, facilities managers, contractors, subcontractors, developers, principals, insurance professionals and other construction professionals.

Seminar Outline

I. Basics Tenets of Contract Law – Jeffrey S. Chapman
A. Applicable Law
B. Damages Available for Breaches
C. Interpretation of Contracts

II. Special Considerations for Construction Contracts
A. Rhyme and Reason for Construction Contracts
B. Options for Preparation
C. Essence Boilerplate
D. Definitional Concerns

III. Issues of Concern for Everyone
A. The Owner, Design Professionals, Prime/General Contractor and Subcontractors

IV. Review of Hot Topics Affecting Creation of Construction Contracts

V. Overview of Warranties – Anthony F. Ciccone
A. Nature and Origin of Warranties

VI. Express Warranties
A. Express Warranties in Texas Construction Contracts
B. Accidental Creation of Express Warranties

VII. Implied Warranties
A. Good and Workmanlike, Habitability, Repair Services and Design Warranties

VIII. Disclaiming and/or Superseding Warranties
A. Can the Warranty Be Disclaimed?
B. Drafting Effective Disclaimers

IX. Statutory Warranties, and Building and Performance Standards
A. The Texas Residential Construction Commission Act

X. 2007 AIA Document A201 Changes – Daniel A. South
A. How the 2007 A201 Changes Will Affect You

XI. Commercial General Liability Insurance for Construction Projects – Thomas Lynn Busby
A. Commercial General Insurance
B. Exclusions for Other Types of Insurance
C. Coverage Under the CGL Policy
D. Tort Liability: What Is a Tort?
E. Insurance Coverage: Essential Concepts
F. Waiver of Subrogation
G. Occurrence – Intentional Tort
H. Endorsements That Extend or Nullify Coverage
I. Completed Products/Operations
J. Who Is an Insured?
K. Additional Names Insured and Acord Certificates

XII. Contracts From a Construction Manager’s Perspective – Anthony Gonzales
A. Advantages and Disadvantages of Common Construction Contracts
B. Comparing Contracts for Different Project Delivery Systems
C. General Performance Requirements and Clauses for Consideration

XIII. Questions and Answers

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Disclaimer: These seminars are intended to be a source of general information on specific topics. The interpretation and application of these seminars’ contents may vary from project to project depending upon, but not limited to the executed contract, the parties’ actions or inactions, or other contemporaneous project documents. While the information in these seminars are intended but not guaranteed to be accurate, no representations or warranties are made, express or implied, that this information is correct, complete, or up-to-date.