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, Mary Anne Wolf

• 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 - 11:30, Mary Anne Wolf

• 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
11:30 - 12:00, Kevin P. Landreneau

INSURANCE: COVERED VS. UNCOVERED?
1:00 - 2:30, John B. Dunlap III

• 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
2:45 - 3:45, Kevin P. Landreneau

• 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
3:45 - 4:30, Kevin P. Landreneau

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

JOHN B. DUNLAP III is a partner in the law firm of Carleton Dunlap Olinde Moore & Bohman, L.L.C., where he practices primarily in the areas of commercial litigation, construction and surety law, business law, homeland security law and military law. He serves as a special assistant attorney general representing the state in regulatory liability suits against state agencies. Mr. Dunlap has significant experience in military construction law (Milcon) and the federal acquisition regulation, including 8(A) contracts. He received his B.A. degree from Louisiana State University and his J.D. degree from Loyola University New Orleans School of Law. Mr. Dunlap is a frequent lecturer in the areas of complex federal litigation and construction law. He is admitted to practice in all Louisiana state and federal courts. He is a member of the American (member, Construction Law Forum, Surety and Fidelity Law Committee, Litigation Section, Administrative Law Section, and Homeland Security Law Committee), Louisiana (member, Construction Law Section), and Baton Rouge bar associations. In addition to his private law practice, Mr. Dunlap is a colonel in the Louisiana National Guard and serves as the state judge advocate. He is the senior legal advisor to the adjutant general and advises the governor's office on military and homeland security law issues. Mr. Dunlap served as a judge advocate in Operation Desert Storm in 1990 - 1991 and operation IRAQI Freedom in 2004 - 2005.

KEVIN P. LANDRENEAU is a partner in the Baton Rouge office of Seale & Ross, P.L.C., where he practices in the areas of commercial and construction law, litigation and insurance defense. He earned his B.A. degree from the Louisiana State University and his J.D. degree from the Louisiana State University Law Center. Mr. Landreneau was a published writer while a member of the Louisiana Law Review. He is admitted to practice law in Louisiana and Texas, as well as all Louisiana state and federal courts. Mr. Landreneau is a member of the Louisiana State Bar Association, State Bar of Texas, and the Baton Rouge Bar Association.

MARY ANNE WOLF is a partner in the law firm of Keogh, Cox & Wilson, Ltd., where she focuses her practice in construction law, professional liability, defense of architects, engineers and surveyors, product liability, premises liability, complex multiparty litigation/arbitration, and construction contract review and consultation. Ms. Wolf earned her B.S. degree, cum laude, in electrical engineering from Louisiana State University. She earned her professional engineering license from the state of Louisiana. Prior to attending law school, Ms. Wolf was a project design engineer in the construction industry for ten years. Ms. Wolf earned her J.D. degree from the Paul M. Hebert Law Center at Louisiana State University. While in law school, she served as managing editor of the Louisiana Law Review. She is a member of the Louisiana Engineering Society, National Society of Professional Engineers, Louisiana Association of Defense Counsel, and the Louisiana State Bar Association.

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