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Construction Project Downstream Insurance Coverage

Learn to identify the downstream coverage you need on a construction project and how to obtain it.Managing and spreading risk is of upmost importance on large construction projects. One of the ways to do this is by requiring downstream parties to name you as an additional insured on their insurance policies is not enough. For example, many contractors do not understand how being named as an additional insured specifically works to their benefit in the event of litigation for construction defects. This topic will help you identify the downstream coverage you need on a construction project, how to get it, and also give you some best practices to implement on the front end to help you get downstream coverage, and identify the risks associated with future claims and issues related to additional insurance coverage during litigation.
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Why Downstream Coverage Is Important
  • Common Insurance Pitfalls on Large Commercial Projects
  • Potential Areas of Exposure for Contractors on Future Claims
  • Spreading the Risk
  • Defense of Claims
  • Indemnity From Judgments or Awards
Scope of Coverage and Issues Related to Claims
  • General Liability
  • Automotive/Workers Compensation Liability
  • Excess Liability
  • Professional Liability (If Design Build)
  • Contractor Controlled Insurance Programs/Owner Controlled Insurance Programs
  • Additional Insured
  • Key Issues to Be Addressed During Litigation
Key Contract Clauses Impacting Downstream Coverage
  • Named Additional Insured
  • Indemnity Provisions That Relate to Coverage of Claims
  • Primary vs. Excess
  • Waiver of Subrogation
Best Practices
  • During the Course of a Project
  • After a Project Is Completed
  • Tendering of Claims – Who, What, When and How to Properly Tender Claims
  • Preparing for Issues to Be Addressed in Litigation
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Patrick (Gene) Blanton

Patrick (Gene) Blanton

Slates Harwell, LLP

  • Equity partner with Slates Harwell, LLP
  • Practice focuses on the representation of general contractors, owners, and specialty subcontractors in contract negotiations, resolution of project disputes, and formal litigation
  • Has written and negotiated contracts and subcontracts for clients on large projects involving retail, multi-family, industrial, heavy highway, education, and many others
  • Negotiates those contracts and advising clients on the potential for risk has helped to better serve clients in the dispute resolution arena where he has represented general contractors on construction defect claims, often involving over twenty parties and raising downstream coverage issues long after the completion of a project
  • J.D. degree, Washington University, St. Louis, School of Law; B.A. degree, University of North Texas
  • Can be contacted at 469-317-1055 or [email protected]
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Product ID: 405696
Published 2019
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