Audio CD + Course Book

Construction Defect Litigation: From A to Z

Audio CD + Course Book

Copyright Date:

March, 2018

Product ID#:

78401CDRA

Audio + Course Book

Credit Information

Continuing Legal Education

  • WV CLE - 7.20
From Event: Construction Defect Litigation: From A to Z, held March 2018.

Program Description

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!

Course Content

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

Continuing Education Credit

Continuing Legal Education – CLE: 7.20 WV - Credit Approval Expiration 03/22/2021 *


* denotes specialty credits

Agenda / Content Covered

  • ANATOMY OF A DEFECT: WHAT IT IS AND THE RULES THAT APPLY
    9:00 - 10:15, Carl J. Roncaglione Jr.
    • 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, Carl J. Roncaglione Jr.
    • 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, Nicholas R. Stuchell
  • INSURANCE: COVERED VS. UNCOVERED?
    1:15 - 2:15, Carl J. Roncaglione Jr.
    • Commercial General Liability Insurance - Coverage Issues
    • Duties of Defense
    • Indemnity
    • Insurance Debates
      (Includes: Building Codes and Standards; Warranties and the Magnuson-Moss and Miller Acts; "Right to Repair/Right to Cure" Law; Statute of Limitations and Repose; Assignment of Claims; State and Local Regulations)
    • Surety Bonds
    • Wrap Insurance Options: OCIP or CCIP
    • Case Law: Class Action Suits
  • LITIGATION: ALLEGATIONS, DEFENSES, AND PROVING YOUR CASE
    2:15 - 3:15, Carl J. Roncaglione Jr.
    • 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, Nicholas R. Stuchell
    • Joint Defenses
    • Conflict of Interest
    • Representing Multiple Parties
    • How Lawyers can Avoid Being Witnesses

CARL J. RONCAGLIONE JR. is a trial attorney and sole practitioner at the Law Office of Carl J. Roncaglione Jr. He represents heavy highway, utility, and building contractors, subcontractors, suppliers, and owners, individuals, and business entities from general business planning to contract negotiations, bid protests/disputes, commercial/civil litigation, and in serious personal injury cases, and criminal defense. Mr. Roncaglione is a member of the West Virginia State Bar; West Virginia State Bar Association; Alabama State Bar; the U.S. District Court for the Southern and Northern districts of West Virginia, and the Middle District of Alabama; and the U.S. Court of Appeals for the Fourth Circuit. He also is a member of the Kanawha County Bar, American Bar Association (Section on Public Contracts; Section on Construction Forum Industry; Section for Antitrust), National Association of Criminal Defense Lawyers (NACDL), Contractors Association of West Virginia (CAWV), Associated Builders and Contractors, West Virginia Chapter (ABC), and the Associated General Contractors of American, Inc. (AGC). Mr. Roncaglione earned his B.A. degree in economics from Hapden-Sydney College in Virginia and his J.D. degree from the Cumberland School of Law, Samford University.

NICHOLAS R. STUCHELL was born and raised in Reedsville, West Virginia. He comes from a coal mining family. After high school, Mr. Stuchell worked his way through West Virginia University where he received a B.S. degree in advertising with a second concentration in business administration. Mr. Stuchell then earned his J.D. degree from West Virginia University College of Law. While there he focused his studies on business law, securities, intellectual property, and health care law. During the summer of 2006, Mr. Stuchell studied comparative law in Brazil.

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

Accreditation Details:

Continuing Legal Education

WV CLE: 7.20 Credit Approval Exp
03/22/2021
Includes - Ethics: 1.20
This program may qualify for up to 7.2 hours of self-study credit, which includes 1.2 hour of self-study ethics credit, under the West Virginia Rules for Mandatory Continuing Legal Education. No more than 12.0 hours of self-study CLE credit may be earned during a reporting period.


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Mail: NBI
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