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 - 10:30, Carla Tircuit Dillon

• 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?
10:45 - 11:45, Carla Tircuit Dillon

• 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
12:45 - 1:30, Kevin P. Landreneau

INSURANCE: COVERED VS. UNCOVERED?
1:30 - 2:30, Carla Tircuit Dillon

• 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 - 3:30, 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
3:30 - 4:30, Kevin P. Landreneau

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

CARLA TIRCUIT DILLON is an attorney in the law firm of Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P., where she is involved in their business and commercial litigation practice group. To date, the focus of her practice has been on construction litigation, including a suit involving the representation of an airport program manager in multiple suits arising out of the contractor's termination, the representation of a T&M contractor in a dispute with petrochemical plant owner over compensation for extra work and increased costs resulting from design issues, and the representation of a general contractor in a dispute with the owner over payment after the completion of several hotels. Ms. Dillon also has worked on cases involving litigation arising from government contracts, complex e-discovery issues, contract disputes, and expropriation proceedings. She currently serves as the Division 1 liaison to the Young Lawyers Division of the American Bar Association's Forum on the Construction Industry, and as a member of the Division 1 and Forum Young Lawyers Section Steering Committees. Ms. Dillon also is the chair of both the Baton Rouge Federal Bar Association Young Lawyers' Section and Membership Committee. Finally, she routinely volunteers in the legal community, both in performing pro bono work, and by participating as a judge every year in the LSBA Louisiana High School Mock Trial Competition. Ms. Dillon's technical background and litigation experience allow her to address matters from a unique perspective, often crafting innovative approaches and solutions to the problems her clients face.

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.

Tircuit Dillon

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