2025 Associated General Contractors of America (AGC) Surety Bonding and Construction Risk Management Conference
Hyatt Regency Coconut Point Resort & Spa5001 Coconut Road, Bonita Springs, FL
Measure Once, Cuss Twice: Navigating the Faulty Workmanship Exclusion to Maximize Builders Risk Recovery (CLE Session)
Tuesday, Jan. 28 – 11:25 AM – 12:25 PM EST
To fully understand the esoteric words language of a builders risk insurance policy, practical learning through real-life experience is often required. And more often than not, builders risk claims involve some consideration of damages that are excluded by the faulty workmanship exclusion versus those that are covered by the ensuing loss exception. For those reasons, this session is designed to provide industry professionals with a practical learning experience of how the faulty workmanship exclusion and ensuing loss exception in builders risk policies function in real life, with easy to implement tips for organizing, documenting, allocating, and submitting losses to carriers to expedite the claims process and maximize recovery. We will take the audience on a journey through the stages of a project impacted by a builders risk claim involving faulty workmanship issues, analyzing the distinction in coverage between costs incurred to fix the faulty work versus repair the ensuing losses caused by an otherwise covered peril, and highlighting common mistakes made in claim preparation which can delay the coverage decision and reduce the overall recovery, ultimately arriving at practical strategies for navigating the claims process based on the panel’s and audience’s real world experiences.
Not the Usual Suspects: The Other Contract Provisions that Impede Risk Transfer (CLE Session)
Tuesday, Jan. 28 – 11:25 AM – 12:25 PM EST – repeat session 4:30 PM – 5:30 PM EST
Contract provisions are an important tool in clarifying risk allocation, specifying or limiting remedies and damages, and triggering insurance coverage. Construction lawyers, insurance brokers, and coverage lawyers can usually rely on strong indemnity agreements and insurance provisions to make sure they are effectively transferring risk downstream and toward insurance policies that were purchased to accepted the risk. But what happens when those other provisions in the contract get in the way? A strong contract provision may be effective in avoiding liability, but it creates a costly dispute about insurance coverage. This session will explore the other common provisions found in construction contracts that can impede effective risk transfer, an exploration of carrier responses, and real-life case example so shape a discussion around best practices.
Who Would Win? OCIP v. CCIP - Breaking Down the Real ROI and Building a Better Strategy (CLE Session)
Tuesday, Jan. 28Â – 3:05 PM – 4:05PM EST
This session will tackle one of the major bugaboos in modern construction insurance, where there are strong, divergent opinions between Owners and Contractors: What’s better, OCIPs or CCIPs? Experienced coverage counsel, insurance brokers, and risk managers will explore the critical considerations involved in orchestrating a successful wrap program and the pros and cons of the two models. The discussion will include identifying key insurance and contract terms, orchestrating and managing a team of professionals to place and administer the program, and navigating essential underwriting and claims considerations. It will also offer real-world examples and perspectives. In the end, we’ll reach a definitive answer – one that might be surprising…
Demystifying Construction Coverage Myths
Tuesday, Jan. 28 – 3:05 PM – 4:05 PM EST
Often in construction-related losses, participants (including the project team brokers, and counsel) make certain assumptions about risk transfer and insurance, which ultimately inform the overall strategy in a case. These assumptions are based on some common misconceptions that, unfortunately, can detail the successful resolution of a construction claim as well as undermine a robust insurance program. This presentation will identify the most common myths and explain why they represent a misunderstanding of construction risk and insurance, including:
-Course of construction exclusion on a GL program is acceptable
-Repair Work Endorsements provide valuable coverage
-Removing exclusions J, K, L on a Gl program enhances coverage
-Follow form excess coverage always “follows form” to the underlying terms, conditions, and exclusions
-Contractors building no-design/build projects do not need Professional Liability insurance
-For a given construction claim, contractors can access either GL or PL insurance, but not both
Identifying, Avoiding, Mitigating, and Insuring Environmental Risk in Construction
Wednesday, Jan. 29 – 10:50 AM – 11:50 AM EST
As new property development is focused on the inner city, waterfront properties, and other historic industrial sites, routine contracting practices may yield environmental hazards. These exposures are not restricted to environmental contractors; GCs, CMs, trades, and Owners all have exposure. This session will explore and present how these issues can be identified and properly addressed during due diligence, pre-construction, insurance, and contracting mechanisms.