8:55 Welcome and Introductions
9:00 Strategic Considerations and Best Practices for Defending Against Multiparty Defect Claims
Melissa Dewey Brumback, Ragsdale Liggett PLLC, Raleigh
Sandra "Sandy" Mitterling Schilder, Ragsdale Liggett PLLC, Raleigh
Is there truth in the saying "misery loves company"? Having more defendants — and their wallets — in a lawsuit can only help your client, right? What are the risks and benefits of being "one among many" in a complex, multi-party construction defect lawsuit? In this session, we talk about the contractual roles involved in multiparty defect litigation, the pros and cons of crossclaims, tolling agreements, joint defense agreements, expert sharing, and empty chairs.
10:01 Construction Industry Insurance Primer – Legal Update on Coverage Issues and Trends
Peter J. Marino, Smith Anderson Blount Dorsett Mitchell & Jernigan LLP, Raleigh
K. Alan Parry Jr., Parry Law, Chapel Hill
Ed Smith, SIA Group Inc., Jacksonville
This presentation and panel discussion provides construction law practitioners with updates on important coverage issues under commercial general liability, builder's risk, and professional liability policies. The panel also addresses key trends in insurance impacting all segments of the construction industry — developers, owners, general contractors, subcontractors, suppliers, and design professionals. The presentation is geared to give the construction lawyer practical tips to assist clients in issue spotting and protecting against typical loopholes in coverage. In addition to experienced insurance coverage lawyers, the panel includes a renowned insurance broker, who provides his valuable perspective on these topics.
11:02 Break
11:12 Cybersecurity Considerations‡
Joseph A. Dickinson, Kaufman & Canoles PC, Raleigh
Lisa Prather, Sentinel Risk Advisors LLC, Raleigh
What would your clients do if they were completely shut out of their company emails, operating systems and electronic databases? Could they operate without these systems and data? What could happen if this data falls into the wrong hands? What can your client do to protect and regain access to their systems and data? In recent years, in addition to health care and financial services, the construction industry has been one of the most heavily targeted industries for cyberattacks. The costs and ramifications of such attacks can sometimes be substantial enough to threaten to put a company out of business. In this segment, the presenter discusses common and often-misunderstood vulnerabilities of the construction industry, what steps construction companies can take to protect themselves, and best practices should your client fall victim to a cyberattack.
12:14 Lunch Break
12:44 UCC Considerations and Competing T&Cs
Jacob D. Farrell, Maynard Nexsen PC, Greensboro
David A. Senter, Maynard Nexsen PC, Raleigh
In this presentation, we delve into the intricate realm of the Uniform Commercial Code (UCC) "battle of the forms," a critical aspect of contract law in the construction industry when dealing with the sale of goods. The UCC "battle of the forms" occurs when contracting parties exchange conflicting terms in their contractual documents, leading to disputes over which terms govern their agreement. To avoid the UCC's default provisions, construction professionals must counsel their clients on the importance of actually negotiating terms up front and must craft their contract forms carefully. We explore key contract clauses, such as clear acceptance and rejection procedures, choice of law and venue provisions, and specific dispute resolution mechanisms, which can help construction practitioners assert control over the terms of their contracts and minimize the applicability of the UCC's gap-filler provisions.
1:49 Sticks and Bricks
Joseph M. "Joe" Hatcher Jr., Metrocon Inc., Raleigh
We all understand construction law, but how well do we understand construction practices? This "sticks-and-bricks" session provides a summary of construction practices from licensed general contractors who know how to lay the foundation, brick by brick, for the construction law profession. Hear from the professionals as they dig into the groundwork necessary to develop a thorough understanding of the basis for claims construction law practitioners handle every day.
2:50 Break
3:00 Disciplinary Procedures Before the North Carolina Licensing Board for General Contractors
Anna Baird Choi, Hedrick Gardner Kincheloe Garofalo LLP, Raleigh
Stephen P. Safran, Safran Law Offices, Raleigh
So, your client has a complaint filed with the North Carolina Licensing Board for General Contractors (NCLBGC)? What happens next? This presentation guides attorneys through what happens during the complaint and investigation phase with the NCLBGC, all the way to the review committee and hearing processes.
4:02 Adjourn
‡ Indicates portion providing Technology Training credit
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