1. finance
2. personal finance
3. insurance

3RD ANNUAL CANADIAN
CONSTRUCTION INSURANCE LAW:
NEW WAYS TO MANAGE RISK AND AVOID LIABILITY
Construction projects and insurance policies go hand-in-hand. But it’s important to know what’s insurable, what’s not, and what
to look for in purchasing and negotiating a policy. This course will cover the treatment of both kinds of risks in commonly-used
construction contracts such as Builder’s Risk policies; Commercial General Liability policies, Bonds and Default Insurance; and in
professional liability policies. You’ll also get a good look at the emerging and often-ignored data breach and privacy issues related
to cyber liability claims.
CUTTING EDGE • TIMELY • INTERACTIVE
A must-attend for anyone involved in construction projects who needs to understand the critical elements of relevant
insurance policies.
VANCOUVER, JUNE 8, 2015 • WEBINAR, JUNE 8, 2015
SPEAKERS
COURSE HIGHLIGHTS
COURSE LEADERS
Sharon Vogel, Partner, Borden Ladner Gervais LLP
David Miachika, Partner, Borden Ladner Gervais LLP
GUEST SPEAKERS
Dan Boan, Partner, Borden Ladner Gervais LLP
Bradley Freedman, Partner, Borden Ladner Gervais LLP
Lauren Kristjanson, Associate, Borden Ladner Gervais LLP
Grant H. Mayovsky, Partner, Borden Ladner Gervais LLP
Nolan Heuchert, Director, Wylie-Crump Limited
• Understanding a Policy of Insurance
• Builder’s Risk Policies
• Commercial General Liability Policies
• Professional Liability Policies
• Bonds and Default Insurance
• Insurance From the Broker’s Perspective
• Data Breaches and Privacy Claims
REGISTER BEFORE MAY 8 AND SAVE $300!
Register online at www.lexpert.ca/cpdcentre
For more information, please contact Lexpert® Events at 1-877-298-5868
3RD ANNUAL CANADIAN CONSTRUCTION INSURANCE LAW
NEW WAYS TO MANAGE RISK AND AVOID LIABILITY
PROGRAM OUTLINE
8:00 - 8:45
REGISTRATION AND BREAKFAST
11:30 - 12:15
PROFESSIONAL LIABILITY POLICIES
8:45 - 9:00
INTRODUCTION
• Structures of the Construction Project, Delivery Models
• Construction Risks and Allocation
• Available Insurance Products
9:00 - 9:45
UNDERSTANDING A POLICY OF INSURANCE
• The Structure of a Policy of Insurance
• Foundational Principles
• The Distinction between First Party and Third Party Insurance
• “Occurrence” and “Claims-Made” Policies
• The Burden(s) of Proof
• Named and Additional Insureds
• The Principle of Subrogation
• Who is Responsible for Obtaining a Professional Liability Policy?
• Policy Limits & Limitations of Liability in Professionals Services
Agreements
• Who is Insured – What are Professional Services?
• Standards of Care
• Exclusions – Water Ingress
• Duties of the Insured – Disclosure, Notice, Cooperation
12:15 - 1:15
REFRESHMENT BREAK
1:15 - 2:00
BONDS AND DEFAULT INSURANCE
• Types of Bonds
• Nature of Coverage Afforded by Default Insurance
• Coverage Overlaps and Gaps
9:45 - 10:30
BUILDER’S RISK POLICIES
2:00 - 2:45
INSURANCE FROM THE BROKER’S PERSPECTIVE
• Who is Responsible for Obtaining Builder’s Risk Coverage?
• Who is Insured under a Builder’s Risk Policy?
• The “All Risks “ Insuring Agreement
• Physical Loss and Damage
• Fortuity
• Exclusions –Defects in Design/Workmanship
• New case developments
• Dual Role of the Broker
• Advice prior to purchasing policies
• Negotiations on policy language
• Notification of claims
• Advice during the Claims Adjusting
10:30 - 10:45
REFRESHMENT BREAK
10:45 - 11:30
COMMERCIAL GENERAL LIABILITY POLICIES
• Who is Responsible for obtaining a CGL Policy?
• Who is Insured under a CGL Policy?
• Insuring Agreement – Duty to Defend/Duty to Indemnify
• What is Property Damage in Construction?
• Typical Exclusions – Work/product and Water Ingress
• What is Broad Form Coverage and why you want it?
• Wrap-up Liability Endorsements
2:45 - 3:00
REFRESHMENT BREAK
3:00 - 3:45
DATA BREACHES AND PRIVACY CLAIMS
• Liability arising from the use and misuse of data
• Insurance Coverage for Cyber Liability
• Risks for the Construction Industry
3:45 - 4:15
QUESTION AND ANSWER
4:15
CONCLUSION
REGISTER BEFORE MAY 8 AND SAVE $300!
Register online at www.lexpert.ca/cpdcentre
For more information, please contact Lexpert® Events at 1-877-298-5868
SHARON VOGEL
COURSE LEADER
Sharon Vogel is a partner in the Toronto office of Borden Ladner Gervais LLP and Regional Leader of the firm’s
International Construction Projects Group. Ms. Vogel was called to the Ontario Bar in 1993 with an LLB from the
University of Toronto (1991). In 1996, she obtained her LLM from the University of Auckland in New Zealand. Ms.
Vogel practises construction and surety law, working primarily on matters involving construction disputes relating
to major projects including roads, railways, tunnels, mines, pipelines, industrial facilities, commercial buildings, and
condominiums in various jurisdictions. She is the co-author, with Bruce Reynolds of A Guide to Canadian Construction
Insurance Law, Carswell, 2013. Sharon has been selected by peers for inclusion in the 2015 edition of The Best Lawyers in Canada; recognized
in the 2015 edition of The Canadian Legal Lexpert® Directory (Construction Law); recognized in the 2014 edition of Legal Media Group’s Guide
to the World’s Leading Women in Business Law; and has been peer review rated 4.6 out of 5 by Martindale-Hubbell® AV® Preeminent™.
DAVID MIACHIKA
COURSE LEADER
David Miachika is a partner in BLG’sVancouver office. He practises exclusively in the area of construction, real estate
and civil liability dispute resolution, including litigation, arbitration and mediation of construction claims, engineering/
architect liability, builders’ liens, building envelope claims, LEED and environmental claims, insurance coverage,
condominium and real property disputes, construction deficiency, delay and acceleration claims, surety and bonding,
and HPO Warranties. David represents developers, purchasers, contractors, engineers, architects, suppliers, landlords,
insurers, sureties, property owners, property managers and strata corporations in all levels of court in British Columbia.
From 2004 to 2008, David was Regional Leader of our Construction, Engineering, Surety and Fidelity Group in Vancouver. Prior to joining
BLG, he worked for several major construction companies over a seven-year period as a project manager, engineer and superintendent on
significant industrial, commercial, heavy civil and marine construction projects in British Columbia and Nova Scotia, including the Revelstoke
Dam, Quintette Coal conveyor and Expo ‘86.
DAN BOAN
Daniel is a partner in the Construction and
PPIP Sector Groups of our Toronto office.
His practice involves representing owners,
hospitals, government, surety bonding
companies, general contractors, developers,
subcontractors, suppliers, design professionals,
and condominium corporations with respect
to all manner of construction projects, infrastructure and alternative
financing projects, litigation, alternate dispute resolution, drafting
and negotiating contracts for hospital, industrial, and infrastructure
projects, including P3s, engineering, and supply contracts.
Dan represents hospitals, government, owners, developers,
condominiums, general contractors, subcontractors, suppliers, and
surety companies, with respect to issues relating to surety bond
claims, construction contracts, construction liens, trust claims,
delay claims, insurance, litigation, dispute resolution, and claims in
negligence arising from the performance of construction contracts.
LAUREN KRISTJANSON
Lauren Kristjanson is an associate in the
Vancouver office of Borden Ladner Gervais
LLP. Lauren is focusing her practice on civil
litigation with an emphasis on construction,
insurance, surety, warranty, and engineering
disputes. She acts for clients with respect to
surety claims and coverage issues, guarantee
and indemnity claims, insurance coverage disputes, defective work
and deficiency claims, insurance regulation issues, as well as home
warranty claims and coverage issues.
BRADLEY FREEDMAN
Bradley Freedman is Vancouver Regional
Leader of our Technology Law Group,
and a partner in our national Intellectual
Property and Information Technology
groups. Bradley focuses his practice on
technology, intellectual property, the Internet,
electronic commerce, and related matters,
and is recognized as a leading lawyer in these areas of law by the
foremost legal rankings publications. Bradley advises clients in
negotiating, structuring and documenting transactions and business
arrangements, and acts as counsel in litigation, arbitration and
mediation. He has appeared before the Supreme Court of British
Columbia, the British Columbia Court of Appeal, the Federal Court
of Canada, the Federal Court of Appeal, the Trade-marks Opposition
Board, and international commercial arbitration tribunals.
GRANT H. MAYOVSKY
Grant Mayovsky is a partner in our Vancouver
office. Grant focuses his practice on litigation
and dispute resolution with an emphasis on
construction, insurance, surety, warranty,
creditors’ remedies, banking and fraud
loss recovery. He has developed particular
expertise in dealing with public/private
infrastructure claims, defective work and deficiency claims and
related insurance matters, delay and productivity claims, building
warranty claims, debt recovery, indemnity enforcement, and
defence of claims against financial institutions and claims arising
from mortgage fraud loss and bills of exchange.
NOLAN HEUCHERT
Nolan is a Director of Wylie-Crump Limited, and has been focused on servicing the insurance and risk advisory needs
of the construction and design industry sector since 1994. As a former senior officer and construction practice leader
for a large international insurance brokerage firm, Nolan has been engaged in a wide spectrum of complex domestic
and international insurance programs as well as several Public Private Partnership (P3) projects in British Columbia,
Alberta and Ontario. Nolan’s insurance knowledge and understanding of the construction industry is a highly valued
client resource which is respected by owners, designers and contractors alike.
REGISTER ONLINE: www.lexpert.ca/cpdcentre
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NEW WAYS TO MANAGE RISK AND AVOID LIABILITY
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All webcast participants will receive an online link to access the program materials as part of their registration fee
In class participants material selection:
Print
Digital
Both (an additional charge of $99 will apply)
(photocopy for additional delegates) Conference Code 150003
Select venue: Architects
Engineers
Contractors
Owners
Lenders
Insurance Brokers, Agents and Underwriters
Property Owners
Webinar
Early Bird Price
$1195 + applicable taxes
Regular Course Price
$1495 + applicable taxes
Public Sector Price
$1295 + applicable taxes
Webinar Price*
$995 + applicable taxes
*WEBINAR PRICE CLARIFICATION
Please note, these prices are on a per-person basis. For payment
of the price for one person, only one individual is allowed to be
logged in, and viewing at a time. To inquire about Group Rates,
please see the contact information below.
SPECIFICALLY DESIGNED FOR:
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Vancouver
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Developers
Municipalities
Claims Adjusters
In-House Counsel
Construction Lawyers
Insurance Lawyers
DATE(S) AND VENUE(S):
VANCOUVER - June 8, 2015 – The Fairmont Waterfront Vancouver
900 Canada Place Way, Vancouver, BC, V6C 3L5
Telephone: 604-691-1991
Fax: 604-691-1999
www.fairmont.com/Waterfront
ACCREDITATION
LAW SOCIETY OF BRITISH COLUMBIA
This program has been accredited by the Law Society of British Columbia for 5.25 hours towards the professional
development requirement for certification.
LAW SOCIETY OF UPPER CANADA (CPD)
This program can be applied towards the 9 Substantive Hours of Continuing Professional Development (CPD)
required by the Law Society of Upper Canada. Please note that this program is not accredited for Professionalism
hours or for the New Member Requirement. Total hours 5.25
LAW SOCIETY OF NEW BRUNSWICK
This program has been accredited by the Law Society of New Brunswick for 5.25 hours towards the mandatory
continuing professional development requirement.
LAW SOCIETY OF ALBERTA
For Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual
Continuing Professional Development Plan as required by the Law Society of Alberta.
Please make cheques payable to Lexpert
Registration fee includes the course, materials,
breakfast, lunch and coffee breaks. Substitutions are
granted with notification to Lexpert Events.
If this brochure is undeliverable to the addressee,
then please forward to a Senior Executive or
Corporate Counsel. (GST Reg # 897176350)
CANCELLATION AND
REFUND POLICY:
Full refunds, less a $250.00 (plus applicable taxes)
administration fee, will be given for cancellations
received in writing 10 business days before the course
start date. Unfortunately, refunds cannot be provided
after this date. Substitution of delegates may be
made at any time. Please note that Lexpert reserves
the right to cancel any course deemed necessary
and will, in such an event, make a full refund of
registration fees paid. For reasons beyond the control
of the course organizer, it may be necessary to
change the subject agenda of the program and no
liability is assumed for any such changes in content.
CONTACT US:
Web: www.lexpert.ca/cpdcentre
Call: Toll free 1-877-298-5868 or (416) 609-5868
Fax: (416) 609-5841 E-mail: [email protected]
Mail: Lexpert
One Corporate Plaza, 2075 Kennedy Road, 11th Floor
Toronto, ON, M1T 3V4
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