Construction Super Conference 2018

P3s involve a host of project participants and relationships, some in traditional roles, others in non-traditional roles, some “related” to each other, and some in contractual privity with some but not all such participants.  The interests of those participants may significantly vary in focus, and in temporal perspectives and objectives.  Awareness of the role of counsel for the professional liability insurer is particularly important, as the strategist from the outset of the underwriting through the earliest appearance of a potential design flaw to the various dispute avoidance and management challenges.

The contractual and legal standards that define the roles, responsibilities and risks (“3Rs”) of the project participants and, in particular how certain risks are allocated, will have a critical impact on how disputes are resolved among them.

On top of all that complexity, liability insurers and insurance play a critically important role in the underwriting and transfer of certain risks of the project participants.  How that insurance aligns – or not – with how risks are allocated and with the types of disputes adds yet another layer of complexity and intrigue in the P3 dispute arena.

Upon completion of this session, participants will be able to:

• Understand less than ideal subsurface conditions contractual risk allocation.
• Understand the overlaps and gaps in insurance coverages; e.g. builder’s risk, rectification coverage, professional liability insurance, surety, etc.
• Understand the non-aligned dispute resolution mechanisms among project participants and with involved insurers.