3RD ANNUAL CANADIAN CONSTRUCTION INSURANCE LAW: NEW WAYS TO MANAGE RISK AND AVOID LIABILITY

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1 3RD ANNUAL CANADIAN CONSTRUCTION INSURANCE LAW: 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 For more information, please contact Lexpert Events at

2 3 RD ANNUAL CANADIAN CONSTRUCTION INSURANCE LAW PROGRAM OUTLINE 8:00-8:45 REGISTRATION AND BREAKFAST 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 9:45-10:30 BUILDER S RISK POLICIES 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 10:30-10:45 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 11:30-12:15 PROFESSIONAL LIABILITY POLICIES 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 1:15-2:00 BONDS AND DEFAULT INSURANCE Types of Bonds Nature of Coverage Afforded by Default Insurance Coverage Overlaps and Gaps 2:00-2:45 INSURANCE FROM THE BROKER S PERSPECTIVE Dual Role of the Broker Advice prior to purchasing policies Negotiations on policy language Notification of claims Advice during the Claims Adjusting 2:45-3:00 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 For more information, please contact Lexpert Events at

3 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, 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.

4 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. 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. 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. 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 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.

5 REGISTER ONLINE: Yes! Please register the following delegate(s) for 3 RD ANNUAL CANADIAN CONSTRUCTION INSURANCE LAW: Mr. Ms. Title: Telephone #: Company: Address: City: Province: Postal Code: Payment enclosed Payment to follow Invoice me Charge to my VISA AMEX MC Card#: CVV: Expiry Date: Cardholder s Name: Signature: 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 Select venue: Vancouver Webinar Early Bird Price $ applicable taxes Regular Course Price $ applicable taxes Public Sector Price $ applicable taxes Webinar Price* $995 + applicable taxes SPECIFICALLY DESIGNED FOR: Architects Engineers Contractors Owners Lenders Insurance Brokers, Agents and Underwriters Property Owners DATE(S) AND VENUE(S): VANCOUVER - June 8, 2015 The Fairmont Waterfront Vancouver 900 Canada Place Way, Vancouver, BC, V6C 3L5 Telephone: Fax: ACCREDITATION Developers Municipalities Claims Adjusters In-House Counsel Construction Lawyers Insurance Lawyers 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. *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. 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 # ) CANCELLATION AND REFUND POLICY: Full refunds, less a $ (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: Call: Toll free or (416) Fax: (416) Mail: Lexpert One Corporate Plaza, 2075 Kennedy Road, 11th Floor Toronto, ON, M1T 3V4 Attention: Marketing Events

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