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

Continuing Education Credits:   

Continuing Legal Education

Credit Hrs    State    Credit Approval Expiration

* denotes specialty credits

ANATOMY OF A DEFECT: WHAT IT IS AND THE RULES THAT APPLY
9:00 - 10:15, Wayne S. Martin

• 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?
10:30 - 11:30, Wayne S. Martin

• 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 - 12:15, Joseph G. Muzic Jr.

INSURANCE: COVERED VS. UNCOVERED?
1:15 - 2:15, Joseph G. Muzic 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
2:30 - 3:30, Ronald H. Pollock

• 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, Christopher Restak

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

WAYNE S. MARTIN is an attorney in the law firm of Reager & Adler, PC. Prior to graduating from law school, he worked as a licensed Professional Engineer. As a structural engineer for nine years, Mr. Martin worked on projects for the Pennsylvania, New Jersey, Florida, and District of Columbia Departments of Transportation. His most notable projects include the Bedford Narrows Bridge rehabilitation, a curved concrete arch bridge carrying S.R. 30 over the Juniata River; the Hoboken Viaduct rehabilitation; and the Miami-Dade Expressway, an extension of S.R. 836 in southern Florida that utilizes curved steel box girders with spans up to 300 feet long. As an attorney, Mr. Martin represents owners (both public and private), design professionals, and contractors in a variety of legal issues including: drafting and reviewing contracts, providing claim avoidance advice, bid protests and disputes, routine commercial disputes and workouts, litigation, alternate dispute resolution, and debt collection. He earned his B.S. degree from the University of Pittsburgh at Johnstown and his J.D. degree from Widener University School of Law. Mr. Martin is a member of the American, Pennsylvania, and Cumberland County bar associations, Associated Builders and Contractors, and Home Builders Association of Metropolitan Harrisburg.

JOSEPH G. MUZIC JR. is a partner in the law firm of Nikolaus & Hohenadel, LLP, where he specializes in insurance defense, and general civil litigation. He earned his B.A. degree from Millersville University and his law degree from the Dickinson School of Law. Mr. Muzic clerked for the Office of Attorney General of the Commonwealth of Pennsylvania in the Tort Litigation Unit. He is admitted to practice before the Federal Eastern and Middle districts of Pennsylvania and the Third Circuit Court of Appeals. Mr. Muzic is admitted to the Pennsylvania Bar Association. He has extensive litigation and trial experience, having taken cases to verdict in eight counties and the Federal Eastern District, as well as litigating cases in 19 counties and federal districts. Mr. Muzic is a board certified trial lawyer by the National Board of Trial Advocacy. He has been a speaker on insurance defense issues on numerous occasions at the Pennsylvania Claims Association State Convention and the Harrisburg Claim Association Symposiums.

RONALD H. POLLOCK is a member of the Lancaster law firm of Barley Snyder LLC, where he practices in the areas of commercial litigation and insurance defense law. He has substantial experience in the handling of construction litigation, mold issues, business disputes and breach of contract actions, while also concentrating on bad faith litigation and personal injury law. Mr. Pollock earned his B.A. degree from Lafayette College and his J.D. degree, cum laude, from Dickinson School of Law. He is a member of the American, Pennsylvania and Lancaster County bar associations.

CHRISTOPHER RESTAK has been the principal of his Hanover law office since 1998, where the focus of his practice has been in the area of construction law, including construction defect, zoning and real estate, as well as, architectural copyright. He is a licensed architect in Pennsylvania, Maryland and California and currently advises clients in the areas of risk assessment and forensic architectural analysis. Prior to forming his law firm, Mr. Restak was the operations manager for a national risk assessment firm. He has previously lectured on construction defect and mold litigation, construction payment remedies, pitfalls for agents and brokers in real estate transactions and architect contract liability. Prior to entering the practice of law, Mr. Restak was an architect and licensed general contractor in California. He earned his B.A. degree from Pratt Institute and his J.D. degree from the Dickinson School of Law of the Pennsylvania State University. Mr. Restak is a member of the Real Estate and Property Law sections of the American and New York State bar associations, and a member of the Pennsylvania Bar Association.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com