Construction Defect Litigation: From A to Z
Thursday, April 26, 2018
9:00 AM - 4:30 PM
Holiday Inn KCI Airport & KCI Expo Center
11728 N Ambassador Drive
Kansas City, MO 64153
$349 / Each Additional
Registration Includes Course Book
Continuing Legal Education
- IL CLE - 6.00
- KS CLE - 7.00
- MO CLE - 7.20
- Engineer - 6.00
- Insurance - 7.00
- IACET - 0.60
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:
- Insurance Claims Managers
- Anatomy of a Defect: What it is and the Rules That Apply
- Insurance: Covered vs. Uncovered?
- Indemnity Provisions: Is the Subcontractor Responsible? What About the Design Professional?
- Case Law Updates: Rulings That Affect Your World
- Litigation: Allegations, Defenses and Proving Your Case
- Ethical Considerations
Continuing Education Credit
Continuing Legal EducationCredit Hrs State
CLE 6.00 - IL*
CLE 7.00 - KS*
CLE 7.20 - MO*
Engineer – Engineer: 6.00
Insurance – Insurance: 7.00 *
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 - 10:00, Daniel C. Estes
- 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
- What Constitutes a "Defect?"
- INSURANCE: COVERED VS. UNCOVERED?
10:00 - 11:00, John L. Hayob
- Commercial General Liability Insurance - Coverage Issues
- Duties of Defense
- 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
- INDEMNITY PROVISIONS: IS THE SUBCONTRACTOR RESPONSIBLE? WHAT ABOUT THE DESIGN PROFESSIONAL?
11:15 - 12:15, William J. DeBauche
- 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
1:15 - 2:15, Mishelle S. Martinez
- LITIGATION: ALLEGATIONS, DEFENSES, AND PROVING YOUR CASE
2:30 - 3:30, Justin R. Watkins
- Common Allegations and Defenses
- Notice of Claim
- 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, Kyle M. Bogdan
- Joint Defenses
- Conflict of Interest
- Representing Multiple Parties
- How Lawyers can Avoid Being Witnesses
KYLE M. BOGDAN is of counsel to the law firm of Lathrop Gage LLP, where he handles a variety of high-stakes litigation matters for entities throughout the United States. He has a 15-year record of successfully handling major litigation involving construction and engineering issues. Mr. Bogdan has handled matters involving hotels, offices, retail facilities, power facilities, bridges, wastewater treatment plants, and condominiums. He also has significant experience successfully defending product liability matters involving death, catastrophic injury, and property damage. Mr. Bogdan has led defense teams that have won or effectively settled class-action litigation in venues across the country. He is a faculty member of the National Institute of Trial Advocacy’s Advanced Advocates Program held each year in Washington, D.C., and was a presenter on “Ethical Issues Associated with Limiting (or Assuming You are Limiting) Your Scope of Representation,” at the Construction SuperConference in San Francisco in 2013. Mr. Bogdan was honored as one of NITA’s Next Generation Faculty members in 2015. He received his B.A. degree from Truman State University and his J.D. degree from the University of Missouri- Kansas.
WILLIAM J. DeBAUCHE is an attorney with Brown & Ruprecht, PC. He has more than 30 years of experience representing contractors, subcontractors, suppliers and design professionals in state and federal courts, before the boards of contract appeals, and in private arbitrations and mediations. Mr. DeBauche has taught construction law as an adjunct professor at the University of Missouri-Kansas City Law School since 1994. He serves as a construction arbitrator as a member of the panel of arbitrators of the American Arbitration Association. Mr. DeBauche is qualified as a civil litigation mediator under the Missouri Supreme Court Rules. He has extensive experience in interpreting construction contracts, preparing claim and notice documents, preparing mechanic's liens and payment bond claims, preparing and filing lawsuits and arbitrations, trying cases in courts and arbitrations, negotiating disputes, and providing advice for day-to-day problems in construction. Mr. DeBauche has prepared several articles for construction publications on construction law developments. He has taught numerous seminars for local and national organizations on changes and extra work, mechanic's liens, federal contract claims, construction arbitrations and mediations, payment issues, claims against bonds, construction contract documents, and bidding and contract formation issues.
DANIEL C. ESTES is of counsel to the law firm of McCormick, Gordon, Bloskey & Poirier in Overland Park, Kansas. Mr. Estes has more than 15 years of experience serving as a construction defect litigation attorney in Kansas and Missouri. He has represented general contractors, trade contractors, manufacturers, architects and building owners in construction defect and construction contract claims involving almost every aspect of construction. In his current practice, Mr. Estes represents homeowners and building owners in construction defect claims, ranging from single family homes, high-end custom built residences, condominium complexes and commercial buildings. He graduated from the University of Kansas School of Law and is licensed in the state and federal courts in Kansas and Missouri.
JOHN L. HAYOB is a shareholder in the Kansas City law firm of Brown & Ruprecht, PC, where he practices in the areas of insurance and coverage litigation, civil litigation and torts. He was selected for inclusion in Missouri and Kansas Super Lawyers (2008-2011). Mr. Hayob regularly participates in seminars and presentations involving insurance related issues before professional and industry groups. He is a member of the Kansas City Metropolitan and American (Tort and Insurance Practice Section) bar associations, The Missouri Bar, and the Missouri Organization of Defense Lawyers. Mr. Hayob is a past president of the Kansas City Claims Association. He earned his A.B. degree from Rockhurst College and his J.D. degree from the University of Missouri at Kansas City. Mr. Hayob also has a mediation certification from the University of Missouri-Columbia School of Law.
MISHELLE S. MARTINEZ is an associate attorney with Polsinelli PC, practicing in the firm’s Construction and Energy Litigation Department. Ms. Martinez counsels clients from project inception through project completion and, if necessary, during dispute resolution processes. She represents owners, design professionals, general contractors, subcontractors and engineers, and has negotiated and drafted contracts and handled a variety of claims related to breach of contract, design errors and omissions, payment and performance bonds, mechanic’s liens, delay and disruption claims, and real property disputes involving ownership rights. Ms. Martinez received her B.A. degree, magna cum laude, from the University of Missouri-Columbia and her J.D. degree from the University of Missouri-Columbia School of Law.
JUSTIN R. WATKINS is a shareholder with Polsinelli PC, in Kansas City, Missouri. He is a trial attorney who concentrates his practice in the areas of construction, real estate, and commercial litigation. In his construction practice, Mr. Watkins regularly serves a broad range of clients across the construction industry, including general contractors, subcontractors, materials suppliers, design professionals, construction managers, and property owners and developers. Before joining Polsinelli PC, he was assistant public defender in the Missouri State Public Defender System. Mr. Watkins earned his B.A. degree, magna cum laude, from Valparaiso University and his J.D. degree, summa cum laude, from John Marshall Law School. He is admitted to practice in Missouri.
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