The field of construction defect litigation is growing and changing at a rapid pace. This crucial update includes new rulings and laws and walks you through the profoundly complex and often emotionally-charged construction defect dispute – from defining a defect, determining liability, uncovering insurance nuances and taking your case to trial. Order today!

1. Anatomy of a Defect: What it is and the Rules That Apply
2. Indemnity Provisions: Is the Subcontractor Responsible? What About the Design Professional?
3. Case Law Updates: Rulings That Affect Your World
4. Insurance: Covered vs. Uncovered?
5. Litigation: Allegations, Defenses and Proving Your Case
6. Ethical Considerations

ANATOMY OF A DEFECT: WHAT IT IS AND THE RULES THAT APPLY
9:00 - 10:00, Donald E. Hemke

• What Constitutes a “Defect?”
  (Includes: Construction Defect vs. Nuisance Claim, Defect Categories, Common Types of Patent and Latent Defects)
• Federal, State, and Local Regulations Regarding Construction Defects
  (Includes: Building Codes and Standards, Warranties and Magnuson-Moss, Miller Act, “Right to Repair/Right to Cure” Law, Statute of Limitations and Repose, Assignment of Claims, State and Local Regulations)
• Determining Standards of Care

INDEMNITY PROVISIONS: IS THE SUBCONTRACTOR RESPONSIBLE? WHAT ABOUT THE DESIGN PROFESSIONAL?
10:15 - 11:15, Donald E. Hemke

• Key Contract and Subcontract Provisions, Including AIA and Consensus DOCS
• The Difference Between "Defend," "Hold Harmless" and "Indemnity"
• The Role of "Additional Insured"
• Common Law Indemnity
• Economic Loss Rule
• Waiver, Variation and Estoppel
• Standards of Care for Design Professionals
• Joint and Several Liability

CASE LAW UPDATES: RULINGS THAT AFFECT YOUR WORLD
11:15 - 12:15, Robert A. Bauman

INSURANCE: COVERED VS. UNCOVERED?
1:15 - 2:15, Leo H. Meirose Jr.

• Commercial General Liability Insurance – Coverage Issues
• Duties of Defense
• Indemnity
• Insurance Debates
  (Includes: Fortuity Principles, Known Loss, Occurrence Definitions, Four Corners Rule, Contra Proferentem Rule, Rule of Reasonable Expectations, Illusory Coverage Doctrine)
• Surety Bonds
• Wrap Insurance Options: OCIP or CCIP
• Case Law: Class Action Suits

LITIGATION: ALLEGATIONS, DEFENSES, AND PROVING YOUR CASE
2:15 - 3:15, Robert A. Bauman

• Common Allegations and Defenses
• Notice of Claim
• Discovery
• Jury Instructions
• Essential Evidence: Preservation and Extrapolation
• Expert Depositions
• Procedural Issues
• Damages: What can be Recovered?
• Alternative Dispute Resolution

ETHICAL CONSIDERATIONS
3:30 - 4:30, Leo H. Meirose Jr.

• Joint Defenses
• Conflict of Interest
• Representing Multiple Parties
• How Lawyers can Avoid Being Witnesses

ROBERT A. BAUMAN is a member of the law firm of Robert E. Morris, P.A., in Tampa, Florida, where he practices primarily in the areas of surety and fidelity law, as well as the areas of construction litigation, business law and general civil litigation. He is a Florida certified mediator. Mr. Bauman has been admitted to The Florida Bar, the U.S. District Court for the Middle, Northern and Southern districts of Florida, the U.S. Claims Court and the Federal Circuit Court of Appeal. He is a member of the Hillsborough County Bar Association (member, Trial Lawyers Section), The Florida Bar (member, Business Law Section) and the American Bar Association (member, Forum Committee on the Construction Industry, Business Law Section, Tort and Insurance Practice Section, Fidelity and Surety Law Committee). Mr. Bauman earned his undergraduate degree from the University of South Florida and his law degree from the University of Dayton School of Law and is AV rated by Martindale-Hubbell.

DONALD E. HEMKE is a shareholder with Carlton Fields in Tampa, where his experience includes zoning/land use/environmental, governmental and construction litigation. Prior to joining Carlton Fields, he served as a law clerk for Hon. John W. Peck of the 6th U.S. Court of Appeals. He has tried land use/zoning cases, including Section 1983 civil rights cases, for landowners in federal court. In addition to litigation, he often is involved in obtaining government permits and licenses. Mr. Hemke also has represented owners, suppliers, contractors and subcontractors in construction cases involving delay, inefficiency, hindrance and differing site condition claims. He speaks and writes frequently on zoning and construction law. Mr. Hemke is a member of the American and Hillsborough County bar associations and The Florida Bar. He has served as an arbitrator for the U.S. District Court for the Middle District of Florida and the American Arbitration Association. Mr. Lemke earned his B.A. degree, cum laude, from Vanderbilt University and his J.D. degree from the University of Virginia Law School.

LEO H. MEIROSE JR. is a shareholder in the Tampa law firm of Meirose & Friscia, P.A., where he practices in construction law and related areas. He is a certified mediator in the state of Florida. Mr. Meirose is a frequent lecturer on construction topics for various construction groups. He earned his B.A. degree from the University of Notre Dame and his J.D. degree from Stetson University Law School. Mr. Meirose is a member of the Panel of Arbitrators of the American Arbitration Association, the Hillsborough County, St. Petersburg and American (member, Fidelity and Surety Committee of the Tort and Insurance Practice Section; Construction Industry Forum Committee) bar associations, The Florida Bar, the American Society for Testing and Materials, the American Bankruptcy Institute and the Commercial Law League of America.

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