Finding insurance coverage for your mixed construction claims and defect litigation can be challenging and fraught with many hurdles. In today's construction cases, most cases are resolved with insurance money. However, the standard operating procedure in many cases begins with a denial of coverage letter or refusal to defend based on a myriad of exclusions or coverage positions. In public projects, the contractor must be prepared to address surety companies when the project does not go as planned. This Panel will address the insurance and surety law aspects of resolving mixed construction claims and defect litigation from the perspective of the owner, contractor, neutral and insurer.
Upon completion of this session, participants will be able to:
- Understand what insurance provisions provide for coverage of a mixed construction claims and defect case.
- Discuss real world case examples where coverage was denied and later full policy limits paid in settlement.
- Understand how to deal with sureties seeking to enforce their rights when a project does not go as planned; and what mediation strategies can be employed to bring insurance carriers to the negotiating table.