Schedule/Sessions
Session 1 - National - Do You Mean We are Going to Have to Try This Case?
- Speakers:
Jeanine Clark, Margolis Edelstein
Amanda Machacek, Kenney Shelton Liptak Nowak
Lisa Reyes, Vela Insurance Services LLC
Philip Salamone, PMA Companies
While construction defect cases can be complex and unwieldy creatures, a vast majority of these resolve by some type of alternative dispute resolution short of trial. However, if you signed on to be a trial lawyer there will be those cases that simply cannot be resolved, or cannot be fully resolved, without at least the start of trial. Sometimes trial through verdict is necessary on at least part of the case. This presentation will include both outside counsels experienced in litigating these cases as well as experienced claim professionals. The group will discuss ways in which to prepare the case and handle the claim to ensure that if the matter does not resolve in the ordinary course, the case is appropriately prepared for trial. Issues include pitfalls of shared experts, unexpected settlements by other parties, witness preparation, and other facets of trial preparation. Trial cases also may present additional or different coverage considerations.
Back to topSession 1 - National - Weathering the Storm: Evolving Legal Standards in the Era of Climate Change
- Speakers:
Dion Cominos, Gordon Rees Scully Mansukhani
Traci Gill, Markel
Jason Judovin, Munich Re Specialty Insurance
Andrew Mendelson, Berkley Alliance Managers
This dynamic and highly topical session will explore the ever-changing legal landscape with regard to climate change and examine how design and construction professionals are being held to increasingly higher levels of scrutiny in the advent of more frequent/severe storms, wind events, flooding, rain/snow, earthquakes, and the like. We also will discuss solutions and how clients and insureds can protect themselves in this challenging new era.
Session 1 - South - Texas Construction Project Litigation Issues: What Your Momma Did Not Tell You About Litigating in Texas
- Speakers:
Stephen Melendi, Tollefson Bradley Mitchell & Melendi, LLP
Phyllis Modlin, Markel
Cynthia Tarle, Tarle Law
Texas continues to experience a steady rise in the number of construction defect cases and job site injury cases. Insurers, design professionals, contractors, and attorneys attempt to maneuver through the morass of evolving law. The Texas Anti-Indemnity Statute, the Residential Construction Liability Act, and Texas’ lack of formal employment relationships consistently lead to confusion amongst litigants and insurers as to the scope of the party’s duties when defect or injury litigation arises. The effect of the confusion is that the issues and law are often misunderstood or improperly applied by all sides, impeding efforts at resolution and creating the potentiality of adverse outcomes and bad law. Further complicating issues, insurers lack guidance from higher courts on the breadth of the duty to defend and duty to indemnify, while at the same time face new cases that serve to interpret, yet often question, previous understanding of the scope of policy language. Presenters will discuss the issues and offer tips on how to engage in best practices to achieve favorable outcomes.
Session 2 - National - Contracting Methods and the Corresponding Risk and Rewards for the Owner, Contractor, or Design Professional
- Speakers:
Melanie Brown, Munich Re Specialty Insurance
Jorge Cruz, Daniels Rodriguez Berkeley Daniels & Cruz, PA
Donna Hunt, Ironshore Insurance Company
Jannea Rogers, Adams and Reese, LLP
This presentation will provide an overview of available contracting methods and the shift in risk and roles, particularly that of the designer, contractor, and owner depending on whether the project is Design-Bid-Build, Design Build, or Design Assist and will touch on the following topics: what key contractual provisions should be considered by each party depending on the project delivery method; what are the common professional liability exposures of the design team and exposures of the owner depending on project delivery method; identifying whether there is shift or enlargement of “the standard of care”; identifying the risk management tools available to the owner, design professionals, contractor, and design builder; and, how BIM (Building Information Management) has affected the owner, design professionals, contractor, and design builder.
Back to topSession 2 - National - Four Angles on Limiting Risk on Construction Projects
- Speakers:
Elizabeth Henson, FCCI Insurance Group
Hugh Higgins, Self Employed
Paul McCullough, SEA, Ltd.
Alex Stephens, Suffolk Construction Company, Inc.
The four speakers in this discussion will analyze how to limit risk on construction projects beginning with the construction phase through completion and into the warranty and litigation phases. The presenters will address strategies for limiting injuries and construction defects. Topics will include the proactive use of technology and early resolution strategy, including current technology that allows monitoring for injury prevention and how such technology may be used in the future. Further, they will discuss technology being used to limit the occurrence of construction defects and to provide documentation to rebut claims of defect after project completion. There also will be discussion on strategies for affirmative efforts during the warranty and right to repair phases of a project and early claim resolution of cases in litigation.
Session 2 - National - Good Deeds Rewarded! Maximizing Opportunities to Minimize Costs in Complex Construction Claims
- Speakers:
Carolyn Crawford, Nationwide Insurance Company
Valerie Edwards, Luks, Santaniello, Petrillo & Cohen
Elaine Fresch, Hawkins Parnell & Young, LLP
Paul Mason, AXA XL
Picking up on last year’s presentation of No Good Deed Goes Unpunished - What Happens When an AI Tender is Accepted, the presenters will cover practical tips for effective utilization of risk transfer techniques (tenders, third-party claims, contribution actions, joint defense agreements, and defense cost sharing agreements) to minimize defense costs in complex construction claims. The presenters also will cover various types of case management orders, including uniform discovery plans, disclosure plans, and ADR methodologies, that can be used to streamline the discovery and mediation process and minimize outside legal expense and facilitate resolution of complex claims.
Session 3 - National - How to Maximize Insurance Coverage for Construction Contractors' Growing Risk for Professional Liability
- Speakers:
William Noonan, Alliant Insurance Services, Inc.
Gregory D. Podolak, Saxe Doernberger & Vita, P.C.
David Robles, Allied World
George Truitt, Cole, Scott & Kissane, P.A.
More and more contractors are taking on multiple roles in a project. This puts greater liability onto the contractor's Professional Liability Insurance. This panel of experts will discuss the coverage pitfalls and ways to analyze the risk. As a result, insurance professionals will have a better understanding on the coverages their clients will need.
Back to topSession 3 - Northeast - New York Labor Law: Emerging Issues, Pitfalls, and Strategies for Success
- Speakers:
Christine Bernstock, AECOM
Rose Charles, Sompo International Insurance
Michael Coffey, Coffey Modica LLP
This panel of thought leaders will tackle head-on complex issues surrounding New York Labor Law claims, plaintiff strategies for maximizing value, and verdicts with sage practice pointers on how to address difficult claims and resolution strategies.
Session 3 - Southeast/Mid-Atlantic - Construction Accident Litigation: Pitfalls, Perils, and Trends in the Southeast
- Speakers:
Peter Baumberger, Kubicki Draper
Kenneth Bunn, Builders Mutual Insurance Company
Matthew Inman, Allianz Resolution Management
JD Keister, McAngus Goudelock & Courie, LLC (MGC)
Since the Great Recession, new construction has been on the rise, and with it, there has been a significant uptick in construction accidents in many jurisdictions. This interactive session will address trends the panel has experienced in construction accident litigation along with some pitfalls and perils that exist in defending/prosecuting these cases. The discussion will cover the types of accidents that attorneys and claims professionals have been seeing; the theories and themes through which these claims are being prosecuted and defended; and, how issues of indemnity and immunity can affect case strategy and resolution. Outside counsel and adjusters will discuss their experience in defending what appears to be increasing numbers of cases involving serious injuries from worker falls, building/bridge failures/collapses (including the notable FIU bridge collapse in Miami) and from overall defective construction/engineering work. The panel will discuss common tactics seen in discovery and how various themes are being used in these cases across the Southeast Region.
Back to topSession 4 - Premier: The Mediators Speak - Mediating in the Virtual World
- Speakers:
Ken Bloom, Gartner + Bloom PC
Richard Byrne, L'Abbate, Balkan, Colavita & Contini, LLP
Rachel Ehrlich, Judicate-West
Lee Shidlofsky, Shidlofsky Law Firm PLLC
The world as we know it and concomitantly the world of litigation and claims went “virtual” nearly overnight; a fact that is unlikely to change in the foreseeable future, if at all.
Jury trials have ground to a halt and what had been significant nationwide docket backlogs pre pandemic, have now been pushed back to a dateless purgatory in many cases.
These factors as well as those involving expedience and cost savings suggest mediation and other forms of alternate dispute resolution will become not just the preferred path to dispute resolution but likely the path of necessity.
For decades, mediation had been partially virtual with phone and video participation by some parties and claims personnel. Is that process now up to the challenges of almost no in person participation? Can the technology adapt fast enough and satisfy the consumers of dispute resolution services? Is ADR, for better or worse, now the only game in town?
Join top mediators from across the country for a comprehensive discussion about the efficacy and challenges of 100% virtual mediation in today’s world and the world we’ll likely be practicing in tomorrow.
