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Harmonizing Risk Transfer and Insurance Policies Related to Construction Projects


Learn how to effectively transfer risk and avoid potential pitfalls on your construction project.

Every company involved in a construction project should evaluate risks and consider whether and how to transfer risks when entering into commercial arrangements with other companies engaged in the construction project. However, few fully understand the legal mechanics involved in effectively transferring risk and the potential pitfalls when risk transfer fails. This topic will describe how to effectively transfer risk through commercial agreements and insurance policies. You will learn about the processes that need to be followed to ensure all parties to such a transaction understand where the risk lies in the event of a loss. This topic will also explain how to establish effective loss control and claims submission strategies to mitigate risk and respond in the event of a claim. Failing to plan for and correctly document risk transfer arrangements in commercial agreements and insurance policies far too often results in incurred costs for the defense of claims and loss payments -- even where the parties intended the risk to be transferred.



Kevin B. Dreher

Kevin B. Dreher

Barnes & Thornburg LLP

  • Partner, Barnes & Thornburg LLP, co-chair of Insurance Recovery Practice
  • Litigator and trial lawyer focusing on insurance recovery on behalf of policyholders, complex commercial litigation, and dispute-related counseling
  • Has represented policyholders and recovered hundreds of millions of dollars in a wide range of insurance coverage disputes, including long-tail environmental, toxic tort, and asbestos claims under general liability policies; claims for media liability and PAIL coverage; losses stemming from natural/man-made disasters and COVID-19 under first-party and business interruption insurance; securities and fiduciary duty claims triggering D&O liability coverage and professional liability insurance; and losses under ocean cargo marine and storage policies
  • Can be contacted at [email protected] or 312-214-8308
Caroline M. Upton

Caroline M. Upton

Barnes & Thornburg LLP

  • Of counsel in the Insurance Recovery Group in Barnes & Thornburg LLP’s Chicago Office
  • Represents corporate policyholders at all stages of the insurance recovery process, from insurance counseling to coverage disputes and litigation
  • Assists clients in a wide range of insurance coverage areas, including general liability and business risks, cargo and marine claims, first-party property and business interruption rise, product liability, Bermuda Form claims, and more
  • Experience handling coverage disputes with major U.S., London, and Bermuda market insurers, and in jurisdictions across the United States
  • J.D. degree, University of Illinois College of Law; B.A. degree, Allegheny College
  • Can be contacted at 312-214-8830 or [email protected]
Haley A. Hinton

Haley A. Hinton

Barnes & Thornburg LLP

  • Associate in the Insurance Recovery Group of Barnes & Thornburg LLP in Chicago
  • Represents manufacturers, national sports teams and leagues, and policyholders with claims related to mergers and acquisitions, under representations, and warranties policies
  • Represents companies with loss related to cybercrime under cyber liability coverage, long-tail environmental and toxic tort claims under general liability policies, including companies with loss related to COVID-19, natural disaster under first-party and business interruption insurance, and companies with loss under ocean cargo marine and storage policies
  • Unique insurance experience
  • Served as a legal and legislative intern at the Connecticut Department of Insurance
  • Served as an intern for a major insurer and as a summer associate at an insurance defense firm

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