Navigating Downstream Waters: Effective Additional Insured and Contractual Risk Transfer Strategies

Friday, May 17, 2024 – 9:30 AM – 10:20 AM PST

Cheryl L. Kozdrey, Saxe Doernberger & Vita, P.C.
Cynthia Garcia, Bernards
Trevor Resurreccion, Lynberg & Watkins, APC
Cameron Kalunian, Lewis Brisbois Bisgaard & Smith LLP

One of the hallmarks of the construction industry is allocation of risk, making risk transfer one of the most important aspects of construction litigation. General contractors, trade contractors, service providers, suppliers, and architects invest time and effort to predetermine how the parties hope risk will be allocated. This presentation will focus on risk management challenges and solutions related to indemnification and additional insured issues, including best practices for handling defense, coverage, and common contract provisions. There will be particular emphasis on providing practical tips for parties to obtaining the benefit of their contractual bargain. The panel is comprised of an in-house risk manager, defense counsel (both general contractor and trade contractor counsel), and coverage counsel, who will share both real life examples and case law to convey a broad range of perspectives. Attendees will be provided with key takeaways designed to improve resolution of claims in the construction industry. The goal of this presentation will be to provide high level analysis and practical tips for strategic risk transfer as distinguished from “cookie cutter” tenders.