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, Stephen R. Eckley

• 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, Robert L. Johnson

• 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 - 12:00, Stephen R. Eckley

INSURANCE: COVERED VS. UNCOVERED?
1:00 - 2:15, Thomas P. Murphy

• 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
2:30 - 3:30, Robert L. Johnson

• 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, Thomas P. Murphy

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

STEPHEN R. ECKLEY is an attorney with Belin McCormick, P.C. Mr. Eckley has more than 25 years’ experience as a litigator. His specialty is civil trial practice. Mr. Eckley has first-chaired dozens of civil jury trials and has won favorable verdicts for plaintiffs and defendants in a wide variety of cases involving business torts, breach of contract, personal injury, general negligence, professional negligence, property damage, construction defects, products liability, insurance coverage, indemnity, breach of fiduciary duty, misrepresentation, and fraud.  In addition to trying cases, he has a strong background in mediation, arbitration, complex civil litigation, and appellate work. Mr. Eckley has served as national litigation counsel for a manufacturer of cleaning products. He enjoys advising clients with respect to the avoidance of litigation as much as helping clients who find themselves in litigation. Mr. Eckley is a member of the American Board of Trial Advocates. He currently serves as vice president of the 1200-member Polk County Bar Association and has previously served as president of numerous civic organizations. Mr. Eckley earned his B.A. degree, summa cum laude, from Drake University and his J.D. degree from Harvard University.

ROBERT L. JOHNSON is an attorney with Finley, Alt, Smith Scharnberg, Craig, Hilmes & Gaffney, P.C., where his main areas of practice are civil trial, legal malpractice, and construction and design law. Prior to joining the firm in 2007, Mr. Johnson was with the firm Wingert, Grebing, Brubaker & Goodwin, LLP in Las Vegas, Nevada and San Diego, California. He was a member of the University of San Diego Law Review. Mr. Johnson's primary practice area is professional negligence, including the defense of attorneys, architects and engineers. He is a member of the Iowa State and Polk County bar associations. Mr. Johnson earned his B.A. degree from the University of Iowa and his J.D. degree from the University of San Diego.

THOMAS P. MURPHY is an attorney with Hopkins & Huebner, P.C., where his main areas of practice are insurance and litigation. Mr. Murphy is a member of the Polk County, Iowa State and American bar associations. He is admitted to practice before the U.S. District Court for the Northern and Southern districts of Iowa. Mr. Murphy earned his B.A. degree from Marquette University and his J.D. degree, with honors, from Drake University.

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