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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.

Learning Objectives

  • You will be able to review the key components necessary to effectively transfer risk in a commercial transaction related to construction projects.
  • You will be able to describe how to effectively transfer risk from one party to another through commercial agreements related to construction projects.
  • You will be able to discuss indemnity provisions and insurance requirement provisions.
  • You will be able to recognize the risks transferred in insurance policies when adding another party as an additional insured.

62 minutes
Course Exam
Certificate of Completion
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Over 35 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

How to Transfer Risk Within Commercial Agreements Related to Construction Projects

  • Utilizing Indemnity Agreements to Transfer Risk
  • Utilizing Insurance Requirement Provisions to Transfer Risk

How to Transfer Risk Through Insurance Policies

  • Transferring Risk to Additional Insureds via Vendor Endorsement, by Contract and Specific Endorsements
  • Transferring Risk Through Supplementary Payment Provisions

How to Establish Effective Loss Control and Claims Submission Practices and Procedures

  • How to Ensure Effective Harmonization of Risk Transfer Through Commercial Agreements and Insurance Policies
  • Effectively Negotiating Risk Transfer Arrangements
  • Establishing Loss Control and Claims Submission Strategies
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Why Lorman?

Over 35 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

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on December 15, 2021.

Call 1-866-352-9540 for further credit information.

  • AIA 1.0
     
  • Lorman Education Services is a registered provider of AIA-approved continuing education under Provider Number J2016. This course is approved for 1.0 Learning Unit hour(s). Prerequisite: None, Program Level: Intermediate: Advanced Preparation: None All registered AIA CES Providers must comply with the AIA Standards for Continuing Education Programs. Any questions or concerns about this provider or this learning program may be sent to AIA CES ([email protected] or (800) AIA 3837, Option 3). This learning program is registered with AIA CES for continuing professional education. As such, it does not include content that may be deemed or construed to be an approval or endorsement by the AIA of any material of construction or any method or manner of handling, using, distributing, or dealing in any material or product. AIA continuing education credit has been reviewed and approved by AIA CES. Learners must complete the entire learning program to receive continuing education credit. AIA continuing education Learning Units earned upon completion of this course will be reported to AIA CES for AIA members. Certificates of Completion for both AIA members and non-AIA members are available upon request.
     
  • AK CLE 1.0
     
  • Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.0
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.0 hours credit.
     
  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.0
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.0
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
     
  • CT CLE 1.0
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
     
  • HI CLE 1.0
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
     
  • IL CLE 1.0
     
  • This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ND CLE 1.0
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
     
  • NH MCLE 1.0
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 62 Minutes.
     
  • NJ CLE 1.2
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.2 hours of total CLE credit.
     
  • NY CLE 1.0 including Areas of Professional Practice 1
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.0
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
     
  • VT CLE 1.0
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WA CLE 1.0
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.0
     
  • This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.2
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.2 MCLE hours.
     
  • AK ENG 1.0
     
  • This Ondemand program is applicable for professional development hours through the Alaska State Board of Registration for Architects, Engineers and Land Surveyors. Professional development hours: 1.0. *Please check the rules and requirements in your state for compliance.
     
  • AL ENG
     
  • This Ondemand program is applicable for professional development hours through the Alabama Board of Licensure for Professional Engineers and Professional Land Surveyors.* *Please check the rules and requirements in your state for compliance.
     
  • AR ENG
     
  • This Ondemand program is applicable for 1.0 professional development hours.* *Please check the rules and requirements in your state for compliance.
     
  • FL ENG 1.2
     
  • This course has been approved for 1.2 PDHs by the Florida Board of Professional Engineers in the Areas of Practice.
     
  • GA ENG
     
  • This Ondemand program is applicable through the Georgia State Board of Registration for Professional Engineers.for 1.0 professional development hours.* *Please check the rules and requirements in your state for compliance.
     
  • IA ENG
     
  • This Ondemand program is applicable for professional development hours for engineers. Please refer to Chapter 3, 193C IAC.*
     
  • ID ENG 1.0
     
  • This Ondemand program is applicable for 1.0 professional development hours through the Idaho Board of Professional Engineers and Professional Land Surveyors.* *Please check the rules and requirements in your state for compliance.
     
  • IL ENG 1.0
     
  • This program is applicable for 1.0 professional development hours through the Illinois Society for Professional Engineers.* *Please check the rules and regulations in your state for compliance.
     
  • IN ENG 1.2
     
  • This Ondemand program is applicable for 1.2 professional development hours through the Indiana State Board for Professional Engineers.* *Please check the rules and requirements in your state for compliance.
     
  • KS ENG 1.0
     
  • This program is applicable for 1.0 professional development hours for engineers.* *Please check the rules and regulations in your state for compliance.
     
  • KY ENG 1.0
     
  • This Ondemand program is applicable for 1.0 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • LA ENG
     
  • The Louisiana Professional Engineering and Land Surveying Board (LAPELS) no longer approves providers or courses. Lorman Business Center, LLC. feels that this course is worth 1.0 PDH(s). According to LAPELS' rules, It will be the responsibility of the licensee to determine if a Course/Activity offered by an unapproved sponsor/provider is an Acceptable Activity.
     
  • MD ENG 1.0
     
  • Lorman Business Center, LLC. is a board approved sponsor with the Maryland Board of Professional Engineers. This course qualifies for 1.0 professional development hours.
     
  • ME ENG 1.0
     
  • This ondemand program is applicable for a maximum of 1.0 hours toward the annual PDH requirement. Please note: The State of Maine Professional Engineers Registration Board does not pre-approve courses for professional development credit.* *Please check the rules and requirements in your state for compliance.
     
  • MN ENG 1.0
     
  • This course is applicable for a maximum of 1.0 hours toward the PDH requirement for engineers. Please note: The Minnesota State Board of Registration for Engineers has final authority on the acceptance of individual courses.
     
  • MO ENG 1.0
     
  • This ondemand course is applicable for 1.0 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • MS ENG
     
  • This ondemand course is applicable for professional development hours through the Mississippi State Board of Registration for Professional Engineers.* *Please check the rules and requirements in your state for compliance.
     
  • MT ENG 1.0
     
  • This ondemand course is applicable for 1.0 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • NC ENG 1.0
     
  • Lorman Business Center, Inc. is an approved sponsor of the North Carolina State Board of Examiners for Engineers and Surveyors. This course qualifies for 1.0 professional development hours for engineers.
     
  • ND ENG 1.0
     
  • Lorman Education Services is an approved provider through the North Dakota State Board of Registration for Engineers and Land Surveyors. This seminar qualifies for 1.0 of continuing professional competence for engineers.
     
  • NE ENG
     
  • This course is applicable for professional development hours for engineers if the course is continuing engineering education for you..* *Please check the rules and requirements in your state for compliance.
     
  • NH ENG 1.0
     
  • This course is applicable for 1.0 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance. The New Hampshire Board of Engineers has final authority on granting approval.
     
  • NJ ENG 1.0
     
  • Lorman Business Center, LLC. is authorized as a provider to offer courses through the New Jersey Board of Professional Engineers. This course is applicable for 1.0 CPC credits for engineers. * *Please check the NJ State rules and requirements for compliance.
     
  • NM ENG 1.0
     
  • This course is applicable for 1.0 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • NV ENG 1.0
     
  • This course is applicable for 1.0 professional development hours through the Nevada State Board of Engineering and Land Surveyors.* *Please check the rules and requirements in your state for compliance.
     
  • OH ENG
     
  • This ondemand course is applicable for continuing education credit for engineers through the Ohio State Board of Licensure for Professional Engineers provided it is a relevant managerial, ethical or technical topic relevant to the practice of engineering or surveying.* *Please check the rules and requirements in your state for compliance
     
  • OK ENG
     
  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • OR ENG
     
  • This course is applicable toward engineering continuing education hours in Oregon, please refer to your rules and laws.
     
  • PA ENG 1.2
     
  • This program is applicable for 1.2 PDHs for engineers through the Pennsylvania State Board of Professional Engineers, Land Surveyors and Geologists.* *Please check the rules and requirements in your state for compliance.
     
  • SC ENG 1.0
     
  • This course is applicable for 1.0 hours toward the PDH requirement for engineers through the South Carolina Board of Registration for Professional Engineers.* *Please check the rules and requirements in your state for compliance.
     
  • SD ENG
     
  • This course is applicable for professional development hours for engineers in South Dakota.* *Please check the rules and requirements in your state for compliance.
     
  • TN ENG
     
  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • TX ENG
     
  • This Ondemand course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • UT ENG
     
  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • VA ENG 1.0
     
  • This program is applicable for 1.0 hours of continuing education through the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects (APELSCIDLA BOARD).* *Please check the rules and requirements in your state for compliance.
     
  • VT ENG
     
  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • WI ENG 1.0
     
  • This course is applicable for a maximum of 1.0 hours toward the PDH requirement for engineers.* *The Wisconsin Engineer Section has final authority on the acceptance of individual courses and providers.
     
  • WV ENG 1.0
     
  • This course is applicable for 1.0 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • WY ENG 1.2
     
  • This course is applicable for 1.2 professional development hours for Wyoming engineers.* *Please check the rules and requirements in your state for compliance.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

  • Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.

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

MP3 Download

  • Arizona CLE 1.0
     
  • CA MCLE 1.0
     
  • HI CLE 1.0
     
  • NJ CLE 1.2
     
  • NY CLE 1.0 including Areas of Professional Practice 1
     
  • VT CLE 1.0
     
  • WA CLE 1.0
     
  • WV MCLE 1.2
     
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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Why Lorman?

Over 35 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

Kevin B. Dreher

Kevin B. Dreher

Barnes & Thornburg LLP

  • Partner in the Insurance Recovery Group in Barnes & Thornburg LLP’s Chicago and Michigan offices
  • Practice focuses on commercial litigation with an emphasis on representing policyholders in complex litigation and insurance disputes
  • Insurance coverage practice is nationwide and has involved litigation in jurisdictions throughout the United States
  • Significant experience representing and counseling Fortune 500 companies in a variety of complex commercial litigation and insurance matters
  • Handled disputes in negotiation and litigation with all major U.S. insurers, and London and Bermuda market insurers
  • Can be contacted at 312-214-8308 or [email protected]
No photo available

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 also 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 also as an intern for a major insurer and as a summer associate at an insurance defense firm
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]
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Why Lorman?

Over 35 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.

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Product ID: 409508
Published 2021
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