Live Seminar

Construction Defect Litigation: From A to Z

Seminar

Date:

Thursday, March 22, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78401ER

Location:

Holiday Inn Express Civic Center

100 Civic Center Dr

Charleston, WV 25301

$349.00

$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • WV CLE - 7.20

Other

  • IACET - 0.60

Program Description

Discover the Key Elements That Can Make or Break a Construction Defect Case

The field of construction defect litigation is growing and changing at a rapid pace. Get updates on new rulings and laws from experienced professionals in the field, and walk 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. Register today!

  • Stay in-the-know on the quickly changing legislation, new rulings and reinterpretations of construction defect laws.
  • Argue your case with confidence: Know the nuances of the regulations that define and govern construction defects.
  • Combine your intimate understanding of defect regulations with building code and construction plan analysis to determine standards of care, one of the keys to winning your case.
  • Protect your client's legal and financial interests by understanding the obligations behind equitable and contractual indemnification.
  • Become familiar with plaintiff and defense perspectives on the legal responsibilities of all parties involved in construction.
  • Learn how to effectively manage liability risk by knowing insurance coverage variations and limitations.
  • Examine how OCIP and CCIP can be valuable insurance options in today's construction lawsuit environment.
  • Grab the competitive advantage during defect disputes by knowing what the opposing side typically argues.
  • Discover what pretrial preparation will pave the way for a successful verdict.

Who Should Attend

This intermediate level program will provide a comprehensive overview of construction defects, regulations, liability and litigation for:

  • Attorneys
  • Contractors
  • Subcontractors
  • Developers
  • Engineers
  • Architects
  • Insurance Claims Managers

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 *

International Association for Continuing Education Training – IACET: 0.60


* 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 Includes - Ethics: 1.20
This program qualifies for 7.2 hours of credit, which includes 1.2 hour of ethics, under the West Virginia Rules for Mandatory Continuing Legal Education.


International Association for Continuing Education Training

N IACET: 0.60
NBI, Inc. is accredited by the International Association for Continuing Education and Training (IACET) and is authorized to issue the IACET CEU. NBI, Inc. is authorized by IACET to offer 0.6 CEUs for this program. At the end of the program, participants must complete a self-assessment in order to receive credit. 100% attendance is required. (Provider #1004558)

Upon completion of this course, attendee will be able to: 1. Describe what constitutes a construction defect. 2. List at least two contract or subcontract provisions that are critical for indemnity. 3. Cite two court decisions that reinterpret construction defect laws. 4. Effectively interpret insurance policy language to explain what construction defects are covered under the standard policy. 5. State three jury instructions that are critical in construction defect cases. 6. Distinguish between ethical and unethical practices.

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Questions


How To Order

Web: Order Now
Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
Eau Claire, WI 54702