National Business Institute Presents Construction Defect Seminar

Saw this seminar on my Google alerts…legal professionals in the Mid-West may want to consider attending…

Construction Defect Litigation: From A to Z $329.00

$319 Each Additional

Date: Wednesday, March 09, 2011
Time: 9:00 am-4:30 pm
Location: Sheraton West Des Moines Hotel
1800 50th Street
West Des Moines, IA
Facility Phone: 515-223-1800
Product ID#: 55048ER

Program Description

Discover the Key Elements That Can Make or Break a Construction Defect Case

The field of construction defect litigation is growing and changing at a rapid pace. Get updates on new rulings and laws from experienced professionals in the field, and walk through the profoundly complex and often emotionally-charged construction defect dispute – from defining a defect, determining liability, uncovering insurance nuances and taking your case to trial. Register today!

•Stay in-the-know on the quickly changing legislation, new rulings and reinterpretations of construction defect laws.
•Argue your case with confidence: Know the nuances of the regulations that define and govern construction defects.
•Combine your intimate understanding of defect regulations with building code and construction plan analysis to determine standards of care, one of the keys to winning your case.
•Protect your client’s legal and financial interests by understanding the obligations behind equitable and contractual indemnification.
•Become familiar with plaintiff and defense perspectives on the legal responsibilities of all parties involved in construction.
•Learn how to effectively manage liability risk by knowing insurance coverage variations and limitations.
•Discover how to lower liability risks with easy-to-administer tips from a professional in the field.
•Examine how OCIP and CCIP can be valuable insurance options in today’s construction lawsuit environment.
•Grab the competitive advantage during defect disputes by knowing what the opposing side typically argues.
•Discover what pretrial preparation will pave the way for a successful verdict.

Who Should Attend

This intermediate level program will provide a comprehensive overview of construction defects, regulations, liability and litigation for:
•Insurance Claims Managers

Course Content

I.Anatomy of a Defect: What it is and the Rules That Apply
II.Indemnity Provisions: Is the Subcontractor Responsible? What About the Design Professional?
III.Case Law Updates: Rulings That Affect Your World
IV.Insurance: Covered vs. Uncovered?
V.Litigation: Allegations, Defenses and Proving Your Case
VI.Ethical Considerations

Continuing Education Credits:
Continuing Legal Education – CLE: 6.00
International Association for Continuing Education Training – IACET: 0.60

* denotes specialty credits
Learn More – View Credit Detail

Agenda / Content Covered:

9:00 – 10:00, Stephen R. Eckley
•What Constitutes a “Defect?”
(Includes: Construction Defect vs. Nuisance Claim, Defect Categories, Common Types of Patent and Latent Defects) •Federal, State, and Local Regulations Regarding Construction Defects

(Includes: Building Codes and Standards, Warranties and Magnuson-Moss, Miller Act, “Right to Repair/Right to Cure” Law, Statute of Limitations and Repose, Assignment of Claims, State and Local Regulations) •Determining Standards of Care INDEMNITY PROVISIONS: IS THE SUBCONTRACTOR RESPONSIBLE? WHAT ABOUT THE DESIGN PROFESSIONAL?

10:15 – 11:15, Robert L. Johnson

•Key Contract and Subcontract Provisions, Including AIA and Consensus DOCS •The Difference Between “Defend,” “Hold Harmless” and “Indemnity” •The Role of “Additional Insured” •Common Law Indemnity •Economic Loss Rule •Waiver, Variation and Estoppel •Standards of Care for Design Professionals •Joint and Several Liability CASE LAW UPDATES: RULINGS THAT AFFECT YOUR WORLD

11:15 – 12:00, Stephen R. Eckley


1:00 – 2:15, Thomas P. Murphy

•Commercial General Liability Insurance – Coverage Issues •Duties of Defense •Indemnity •Insurance Debates

(Includes: Fortuity Principles, Known Loss, Occurrence Definitions, Four Corners Rule, Contra Proferentem Rule, Rule of Reasonable Expectations, Illusory Coverage Doctrine) •Surety Bonds •Wrap Insurance Options: OCIP or CCIP •Case Law: Class Action Suits LITIGATION: ALLEGATIONS, DEFENSES, AND PROVING YOUR CASE

2:30 – 3:30, Robert L. Johnson

•Common Allegations and Defenses •Notice of Claim •Discovery •Jury Instructions •Essential Evidence: Preservation and Extrapolation •Expert Depositions •Procedural Issues •Damages: What can be Recovered? •Alternative Dispute Resolution ETHICAL CONSIDERATIONS

3:30 – 4:30, Thomas P. Murphy

•Joint Defenses •Conflict of Interest •Representing Multiple Parties •How Lawyers can Avoid Being Witnesses

STEPHEN R. ECKLEY is an attorney with Belin McCormick, P.C. Mr. Eckley has more than 25 years’ experience as a litigator. His specialty is civil trial practice. Mr. Eckley has first-chaired dozens of civil jury trials and has won favorable verdicts for plaintiffs and defendants in a wide variety of cases involving business torts, breach of contract, personal injury, general negligence, professional negligence, property damage, construction defects, products liability, insurance coverage, indemnity, breach of fiduciary duty, misrepresentation, and fraud. In addition to trying cases, he has a strong background in mediation, arbitration, complex civil litigation, and appellate work. Mr. Eckley has served as national litigation counsel for a manufacturer of cleaning products. He enjoys advising clients with respect to the avoidance of litigation as much as helping clients who find themselves in litigation. Mr. Eckley is a member of the American Board of Trial Advocates. He currently serves as vice president of the 1200-member Polk County Bar Association and has previously served as president of numerous civic organizations. Mr. Eckley earned his B.A. degree, summa cum laude, from Drake University and his J.D. degree from Harvard University.

ROBERT L. JOHNSON is an attorney with Finley, Alt, Smith Scharnberg, Craig, Hilmes & Gaffney, P.C., where his main areas of practice are civil trial, legal malpractice, and construction and design law. Prior to joining the firm in 2007, Mr. Johnson was with the firm Wingert, Grebing, Brubaker & Goodwin, LLP in Las Vegas, Nevada and San Diego, California. He was a member of the University of San Diego Law Review. Mr. Johnson’s primary practice area is professional negligence, including the defense of attorneys, architects and engineers. He is a member of the Iowa State and Polk County bar associations. Mr. Johnson earned his B.A. degree from the University of Iowa and his J.D. degree from the University of San Diego.

THOMAS P. MURPHY is an attorney with Hopkins & Huebner, P.C., where his main areas of practice are insurance and litigation. Mr. Murphy is a member of the Polk County, Iowa State and American bar associations. He is admitted to practice before the U.S. District Court for the Northern and Southern districts of Iowa. Mr. Murphy earned his B.A. degree from Marquette University and his J.D. degree, with honors, from Drake University.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am – 5pm Central:

Phone: 866-240-1890


Continuing Legal Education
IA CLE: 6.00

“Construction Defect Litigation: From A to Z” is an accredited program under the regulations of the Iowa Supreme Court Commission on Continuing Legal Education. It is planned that this program will provide a maximum of 6.0 hours of regular credit toward the mandatory continuing legal education requirements under the Iowa rule, including 1.0 hour of ethics credit.

International Association for Continuing Education Training
 IACET: 0.60

NBI, Inc. has been approved as an Authorized Provider by the International Association for Continuing Education and Training (IACET), 8405 Greensboro Drive, Suite 800, McLean, VA 22102. NBI, Inc. DBA National Business Institute has awarded 0.6 CEUs to participants who successfully complete this program. (Provider #4558)