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.
Learning Objectives
- You will be able to define the different types of downstream coverage you want to obtain when serving as a general contractor on a construction project.
- You will be able to recognize contract language indicating coverage.
- You will be able to discuss what it means to be an additional insured and why it is important on a construction project.
- You will be able to identify best practices to help ensure proper downstream coverage.
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Why Lorman?
Over 37 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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More Program Information
Why Lorman?
Over 37 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
This course was last revised on June 12, 2019.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 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
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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Why Lorman?
Over 37 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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