Introduction

This presentation is a 'map of the terrain' for taming the beast of complexity that is hybrid (or combination) construction defect (CD) and construction contract claims. The program is for anyone who deals with these claims, including legal, insurance or construction professionals. These claims often span many years, include thousands of documents, and regularly involve dozens of parties. Making sense of this mess, and being able to explain it to everyone along the long road of litigation, is where mastery begins.

CD and contract claims analysis used to be entirely different areas of expertise. Lawyers and consultants who worked in one area rarely crossed paths with their closely related, but long lost cousins in the "other world" of construction claims. No longer. The two are now often fully entangled. Construction defects still need to be investigated, tested, analyzed issue-by-issue, extrapolated (or not!), repairs specified, and repair costs evaluated. Contract claims for changes and delays still require expensive document analysis to compare what happened to what should have; how much was paid compared to how much should have been; how long the work took compared to how long it should have; and to evaluate the economic losses, liquidated and actual damages, that parties suffered.

These claims come in sizes and forms as widely varying as single-family residences, multi-family projects, mixed-use developments, commercial, institutional, industrial, low-rise, mid-rise, and high-rise construction; they range from incomplete projects that are years late and barely started, to projects that are completed and in operation. Since much of the audience is familiar with CD claims, we will more deeply explore contract claims.

Learning Objectives

• Define exactly what hybrid, or combination, construction defect (CD) and construction contract claims are.

• Offer a "map of the terrain" so the complexity of hybrid construction defect and construction claims can be managed.

• Successfully configure and manage the right team, including attorneys, experts, and the role of claims professionals.

• Review examples of how our case studies were evaluated and how damages and monetizing both defect repair and contract claims are performed.

• Discuss how to allocate responsibility to the various parties and make cases against co- defendants.

Program Outline

1. Introduction

2. Defining Combination CD + Contract Claims

3. Configuring and Managing the Team

4. Evaluating the Claims

5. Calculating Potential Damages

6. Allocating Responsibility

7. Conclusion

Our Panel

Continuing Education Credit

A disclaimer that this webinar requires you to accurately answer both polling questions to receive continuing education credit with the Nevada Division of Insurance. Credit will not be given to those who miss or incorrectly answer a question, or to those that are determined to be inattentive by GoToWebinar's software. You must attend the live webinar to obtain credit. Certificates of attendance will be sent to eligible webinar attendees within three business days of the webinar.

This webinar is approved for 1.0 credit hour of continuing education credit in the following states:

• Texas State Bar - Course #174178444

• Nevada State Bar - Course #P_20230223_51574

• Nevada Division of Insurance - Course #26282 (Offering ID #185076)

• Florida State Bar - Course #2210140N

• California Department of Insurance - Course #388403

• California State Bar - Provider #11573