About the Course
Introduction
This CLE webinar will examine the issues and claims that may arise in construction projects where damage to adjacent buildings is likely to occur. The panel will discuss pre-construction considerations and key provisions for each party to the project to be included in construction agreements to mitigate the risk of next-door claims.
Description
The potential issues for damage to adjacent buildings (neighboring damage) in construction projects are numerous, especially in densely populated urban areas, and may include structural damage such as cracks in the foundation, façade, and drywall, and new or changing load patterns. As a result, costly disputes often arise between multiple parties when the owner of the adjacent building that has been damaged brings claims against the new building owner and joins other project participants including contractors, developers, and design professionals to the lawsuit. As more stakeholders become involved, these disputes become anything but straightforward.
Often the core of these next-door claims centers around questions of control and causation, especially where subrogation plays a pivotal role and insurers who pay for losses seek reimbursement from those responsible. Damage may come from multiple causes tied to different parties, each with its own insurer and contractual risk provisions.
Construction counsel for those contracted to work on a new building project should understand when and how their clients may be held liable for the impact of their work on neighboring properties and how to best mitigate risk of claims through certain pre-construction and drafting considerations for their clients.
Listen as our expert panel discusses the issues and potential claims that arise in construction projects where neighboring damage may occur. The panel will discuss pre-construction considerations and provisions that should be included in the project agreements to mitigate risk of next-door claims for each project participant.
Presented By
Bio for Annie Attorney; loves horses and arguments
This is a bio for Big Boat. Big Boat is an avid reader and unicyclist.
This is a bio for speaker, Roller Coaster. Roller Coaster enjoys walks on the beach and pizza with pineapple.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Introduction
II. Common construction-related claims for neighboring damage
A. Multiple stakeholders
B. Causation, control, and subrogation issues
III. Pre-construction considerations
IV. Key contractual provisions to mitigate risk for project participants
A. Owner of property on which project occurs
B. Contractors
C. Developers
D. Design professionals
E. Other considerations
V. Subrogation and insurance concerns
VI. Dispute resolution and remedies
VII. Practitioner takeaways
The panel will review these and other important issues:
- What are possible claims that may arise in a construction project if damage is caused to adjacent buildings?
- What issues make the resolution of next-door claims more complicated?
- What are pre-construction considerations that can mitigate the risk of neighboring damage?
- What are key provisions to be included in the project agreements to mitigate risk of next-door claims for each project participant?
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