Take a peek at the 2024 Agenda to see what you can expect in January.

Take a peek at the 2024 Agenda to see what you can expect in January.

The 2025 Agenda will be available soon.

Sunday, January 28, 2024

12:00 PM

AGC Golf Scramble

(Separate Registration Required)

Get ready to tee off in style at the picturesque Saltleaf Golf Preserve – the prefect way to kick-start AGC’s 2024 Conference on Surety Bonding and Construction Risk Management.

Your participation directly supports the AGC Education & Research Foundation’s scholarship and research programs.

Learn More →

Monday, January 29, 2024

7:00 AM – 3:00 PM

AGC Pre-Conference Meetings For In-House Lawyers & In-House Risk Managers

(Separate Registration Required)

Preceding the 2024 conference, AGC will hold separate meetings for the in-house lawyers and risk managers in the AGC family. While primarily intended for such professionals, these meetings are open to other senior executives for construction companies.

Their goal is to provide an opportunity for peer-to-peer discussion of the biggest challenges for today’s construction firms.

Learn More →

2:00 PM – 4:00 PM

SFAA Pre-Conference Meeting

The SFAA meeting will be for the members of its Contract Bonds Advisory Committee and limited to the members of that association.

4:30 PM – 6:00 PM

Kickoff Breakout Sessions

As artificial intelligence (AI) continues to weave its way into our daily lives, it’s vital to grasp its implications for the construction industry, particularly in the realm of risk management. Join us for this thought-provoking session, which serves as one of two dynamic kickoff breakouts at the conference.

From insurance carriers to construction companies and everywhere in between, our panel will delve into the transformative potential of AI on insurance coverage, underwriting, and claims processing, as well as the growing use of AI-driven solutions like ChatGPT within an organization and the possible risks/benefits of AI. While AI technology is evolving quickly, this session aims to foster awareness, spark discussions, and anticipate future directions for AI.

Join us for a compelling session to:

  • Gain a comprehension of AI’s broad-reaching influence on our daily lives and business operations.
  • Learn how AI is being used by insurance carriers to improve efficiency and risk prediction.
  • Explore how AI could affect insurance coverages moving forward and the effect it will have on underwriting all lines of coverage as well as look at potential legal issues around cyber coverage.
  • Discuss the legal implications of AI and how to navigate the opportunities and risks.

Speakers:
Joe Poliafico, CSP, Director, Construction Risk Partners
Trent Miskelly, COO, Document Crunch
Bethany Barrese, Partner, Saxe Doernberger & Vita, P.C.
Emily Short, National Director of Cyber Practice , Baldwin Risk Partners
Shaun Carvalho, Chief Safety Officer, Shawmut Construction and Design

Factors impacting construction disputes, as well as insurance procurement and claims-related decisions, include how courts construe policy terms in real-life scenarios and render coverage determinations. This session provides an overview of and insight into recent court opinions concerning insurance disputes in the construction field. By discussing claim scenarios in recent cases, this session delivers updated information about construction-related coverage to assist attendees with actively and effectively managing risk from policy procurement through claim resolution.

Come to this session and you will:

  • Learn about insurance pitfalls for various types of construction-related claims and losses.
  • Identify strategies for how to rebut insurers’ attempts to preclude or limit coverage.
  • Develop approaches for resolving disputed insurance claims.
  • Gain tools and confidence to navigate difficult coverage scenarios to help keep projects profitable.

Speakers:
Miles C. Holden, Partner and Insurance Recovery Practice Leader, Hanson Bridgett LLP

CLE Session

6:00 PM – 7:00 PM

Welcome Reception

Open to all attendees

Sponsored by:

Tuesday, January 30, 2024

7:00 AM – 8:00 AM

Breakfast

Open to all attendees

8:00 AM – 9:30 AM

Economic & Market Analyses of the Construction, Surety, and Insurance Industries – Looking Back and Looking Forward

Opening General Session

Open panel discussion of the recent economic performance and the good and bad signs for the construction, surety, and insurance industries for the coming year.

9:30 AM – 10:00 AM

Networking Break

Grab a quick coffee in between sessions.

Sponsored by:

10:00 AM – 11:00 AM

Breakout Sessions

Managing direct agreements with construction suppliers has become increasingly challenging and presents risks. This panel of experienced industry professionals will identify challenges associated with supplier-direct agreements and provide practical solutions to manage or mitigate associated risks.

Learning Objectives:

  • Due diligence and supplier pre-qualification and selection criteria.
  • How to deal with insurance solutions for overseas vendors.
  • The pros and cons of negotiating and entering into contracts directly with the manufacturer vs. negotiating/contracting through third-party distributors.
  • Risks associated with owner-assigned supply agreements or requirements for contractors to use vendors who impose unfavorable contract terms.
  • Managing potential supply chain disruption, material availability issues, and risk of loss in transit – as well as responsibility for late or deficient deliveries.
  • Specific issues related to foreign suppliers (Buy America/Buy American requirements, international tariffs and taxes, disputes with foreign entities).

Speakers:
Stephen Shapiro, Partner at Holland & Knight LLP
Michael Candes, Associate General Counsel, Hensel Phelps
Kurt Colden, CPCU, ARM, SVP & Unit Leader – Construction & Design, Lockton
Christine Creammer, General Counsel, NGS, Mitsubishi Power Americas, Inc.
Jennifer (Jenn) Shafer, Vice President & Lead Counsel – Dispute Resolution & Insurance, Black & Veatch

CLE Session

The industry is plagued by misunderstandings about insurance coverage for delays. This session will focus on describing and quantifying delay using real scenarios, and then on working through the presentation and coverage for those delays through the lens of builders risk, general liability, and professional liability insurance. We will highlight common disagreements between insurers and insureds, and the panel’s and audience’s experiences with each, ultimately arriving at strategies to facilitate claim payment and avoid insurance disputes.

Join us so you can:

  • Develop a consistent understanding and way of describing delay damages for the purposes of an insurance claim (what types of delay are there and how it changes depending on who is making the claim).
  • Understand how builder’s risk coverage applies to delay damages (including dispelling myths about how “delay exclusions” apply).
  • Learn how general liability insurance applies to delay damages.
  • Identify strategies to address common disputes arising out of delay claims.

Speakers:
Jeremiah Welch, Managing Partner – SDV West, Saxe Doernberger & Vita, P.C.
Russ Johnson, VP, Insurance & Surety, Skanska USA Building Inc.
Patrick O’Connor, Vice President of Risk Management, Counsel, The Walsh Group
Tammy Pike, Senior Risk Manager, Kiewit Corporation

CLE Session

This session will equip you with vital insights into the pressing issue of wage theft and its far-reaching implications within the construction industry. Many state legislatures throughout the country passed new wage theft legislation that shifts legal responsibility for a subcontractor’s failure to pay its workers upstream to the general contractor, regardless of the general contractor’s fault.

What you’ll learn:

  • Grasp the intricacies of wage theft and its impact via case studies and statistics.
  • Navigate the legal landscape confidently.
  • Explore contractor challenges in addressing wage theft, emphasizing accountability and site visibility.
  • Discover how technology is transforming compliance with success stories and innovative tools.
  • Discuss solutions available in the insurance and surety markets to help mitigate this new risk.
  • Explore collaborative strategies uniting stakeholders against wage theft, spotlighting AGC initiatives.

Stay informed and gain a comprehensive toolkit to navigate wage theft complexities and align your firm’s practices with legal requirements.

Speakers:
Mike Schechter, Director of Labor Relations and General Counsel, AGC of Minnesota
Brian Dietz, Vice President & Regional General Counsel, JE Dunn Construction
Matt DeSarno, CEO, Verfico Technology
Hillary Ghent, Senior Counsel, James G. Davis Construction Corporation

Find out how to run your projects better to avoid disputes and win them when necessary. Thirty years as a construction litigator, resolving clients’ issues through negotiation, mediation, arbitration, and trial, have proven the power of an effective real-time record developed by the project team. Every PX, PM, or APM that has been a witness at a hearing has expressed the same realization: “Now knowing how things unfold at trial, I will never manage a project the same way again.”

Using actual case studies from construction trials and arbitrations and an audience-interactive approach, you will learn:

  • How a good real-time record makes your expert’s analysis more compelling and far less costly to create.
  • Why judges and arbitrators give more weight to the record than all other forms of evidence.
  • How to train your teams to draft evidentiary-effective notice letters, meeting minutes, e-mails, daily reports, schedule updates and narratives, damages records, among other critical routinely (but often ineffectively) prepared project documents.

Speakers:
Gregory H Chertoff, Co-Managing Partner, P&A’s New York Office, Peckar & Abramson, P.C.

CLE Session

11:00 AM – 11:25 AM

Networking Break

Grab a quick coffee in between sessions.

11:25 AM – 12:25 PM

Breakout Sessions

As financial markets tighten, the construction industry faces increasing challenges with partial or withheld payments. Our expert panel will share their experiences in evaluating and negotiating payment clauses, empowering contractors to safeguard their interests in both current and future projects. Discover the critical importance of customizing payment clauses through two real-life nightmare case studies:

NIGHTMARE #1. A contractor’s default causes the Owner to default. The Owner’s lender steps in and takes over the Project. The contractor winds up paying the lender’s bill.

NIGHTMARE #2. A contract is converted to cost-plus due to tremendous changes. The Owner holds a portion of payment hostage arguing over delay, inefficiency, and quality. The Owner wants a discount as a condition to paying.

What you will learn:

  • Key features of payment clauses, their impact on contract terms, and strategies to mitigate risks related to financial instability.
  • Practical solutions for managing cashflow during substantial scope changes, including Cardinal Change concepts, modifications to unit prices, payment cycle modifications, and risks related to payment for stored materials.
  • Consent agreement terms and practical aspects of addressing the role of lenders and sureties who have taken over the work when an Owner or bonded contractor defaults.
  • Essential payment terms and related clauses to watch for in contracts.

Speakers:
Jose Pienknagura, Director, Large Construction Accounts, Gallagher
Charlie Douglas, Assistant General Counsel, AECOM Hunt
John Wolf, President, Peritia Partners
Christopher K. LeMieux, Founding Partner, Riess LeMieux

This discussion – featuring legal and risk management veterans – will examine cutting-edge issues and negotiating tactics in program placement and claim adjustment. It will explore all aspects of a successful placement, including navigating hard market conditions, identifying critical language negotiations, anticipating emerging legal strategies that may undermine coverage, and proactively preparing claims to achieve maximum recovery.

Learning Objectives:

  • To understand and learn how to anticipate emerging legal strategies aimed at undermining coverage.
  • To obtain tactics for earlier and more comprehensive language negotiation designed to reinforce coverage intent.
  • To gain a better understanding of market conditions from industry leaders and identify opportunities for creating negotiating.
  • To develop best practices for thorough, timely, and cost-effective claim preparation to enhance recovery potential.

Speakers:
Gregory David Podolak, Managing Partner, Saxe Doernberger & Vita, P.C.
James Moye, Jr., Senior Vice President, Nielson, Hoover & Company (NHG Specialty)
Andrea Nelson, Vice President, Risk Management, Manhattan Construction Company
Alex Stephens, Director of Claims, Stratus Risk Associates

CLE Session

The imperative of prompt claims resolution is making mediation increasingly more important as a means of resolving claims and project impasses. Our seasoned panel will share strategies and techniques for engaging in mediation effectively and avoiding the reflexive move toward serial compromises.

Come and learn:

  • Fresh perspectives on mediation through the eyes of experienced mediators, exploring diverse styles and approaches to problem-solving.
  • The psychological principles driving successful negotiation and mediation, from overcoming overinflated case assessments and using the transformative power of listening, to effectively preparing your case for mediation because perception is reality.
  • Proven impasse breakers, including mediation restructuring, the strategic use of worst-case scenarios, and the nuances of mediator evaluations.
  • How to use mediation to change minds and influence opinions rather than just split things down the middle.

Speakers:
Christopher J. Brasco, Esq., Senior Partner, Watt, Tieder, Hoffar & Fitzgerald, LLP
Vivian Katsantonis, Esq., Senior Partner, Watt, Tieder, Hoffar & Fitzgerald, LLP
Susan Weinstock, Assistant Vice President, Surety Claims, Arch Insurance
Steven Lunsford, Esq., Assistant General Counsel, Skanska USA Civil
Catherine Damico, Esq., Assistant General Counsel, Kiewit Corporation

CLE Session

In this presentation, industry experts will discuss the innovative ways insurance and surety underwriters are leveraging technology in their operations and what the implications are for contractors. The panel will examine three buckets of technology types: risk-reducing safety tech, technology that reduces the magnitude of a risk, and technology that helps with builders’ risk and equate them to the different risk approaches.

Discover:

  • What these cutting-edge risk mitigation solutions signify for contractors and how to seamlessly integrate them into operations.
  • Technology’s pivotal role in shaping the financial ecosystem of the construction industry, unraveling its impact on contractors.
  • A detailed breakdown of different technology categories, along with their direct correlations to diverse risk approaches.
  • Gain a profound understanding of how technology influences contractors, operations, and the industry at large.

Don’t miss this opportunity to chart a tech-powered path toward risk management and financial excellence in construction.

Speakers:
Josh Levy, CEO & Co-Founder, Document Crunch
Kim Henderson, VP & Deputy General Counsel, Moss
Damon Ranieri, Construction Innovation & Sustainability Partner, AXA XL
Michael Hurley, EVP & General Counsel, Berkley Surety

12:25 PM – 1:30 PM

Lunch

Open to all attendees

Sponsored by:

1:30 PM – 2:40 PM

Crane Liability, Exposures and Risk Management Solutions

General Session

Crane exposure creates a potentially complex claim and risk situation, triggering several different insurance coverages and a multitude of questions. Exposures include everything from property damage, including damage to the actual project, neighboring buildings, or the object being hoisted, to injuries from the workers on the ground and on the crane to bystanders living and/or working nearby. Our panel of national construction managers and crane litigation attorneys will offer invaluable insights and practical solutions for effective crane exposure management on construction projects.

Topics of discussion will include:

  • Construction Laws and Contract Language: Gain insights into essential inspections, documentation, and engineering requirements, both pre and post-erection. Understand the specific criteria for projects with multiple cranes.
  • Safe Work Plans (SWP) and Crane Best Practices: Discover mandatory procedures and documentation for the safe operation of tower cranes, emphasizing the importance of maintaining construction worksite safety.
  • Controls During Crane Operation: Explore the incorporation of the ASME B30.5 standard into contracts to establish liability guidelines and responsibilities during crane activities.
  • Crane-Specific Risk Assessment: Learn how to identify and address unique risks and exposures associated with crane, rigging, and specialized operations. Conduct thorough assessments to enhance safety measures and meet specific contractual requirements.

Join us to navigate the intricacies of crane risk management and gain actionable strategies for project success.

2:40 PM – 3:05 PM

Networking Break

Grab a quick coffee in between sessions.

3:05 PM – 4:05 PM

Breakout Sessions

Commercial projects will continue to be confronted with many of the obstacles faced in 2023, including the impacts of supply chain problems, shortage of skilled workers, and inflationary pressures. Faulty workmanship, design-centric failures, and cost and delivery overruns will continue to pose significant risk management and insurance challenges. This session will offer tested strategies for contractors to navigate top insurance claim hurdles and maximize recoveries under insurance programs, including builder’s risk, controlled programs, and SDI. This expert panel will also educate the audience on current best practices for negotiating contracts on the front end to address and allocate these evolving risks.

Learning Objectives:

  • Learn top strategies when working with the insurance adjuster to maximize coverage and secure a favorable claim outcome.
  • Learn how to avoid common missteps during the insurance claim stage that often lead to unintended consequences.
  • Learn how to address and allocate risks through optimized contract terms and claim presentation techniques.
  • Learn claim and litigation management strategies for situations where the claims process heads toward contested coverage or a dispute around claim payment.

Speakers:
Kevin Dolan, Co-National Wrap-Up Practice Leader, Alliant Insurance Services
Russ Johnson, Vice President, Insurance and Surety, Skanska USA Building Inc.
Lisa Mingoia, Corporate Counsel, Skanska USA Building
John Ellison, Partner, Reed Smith LLP

This discussion – featuring legal and risk management veterans – will examine cutting-edge issues and negotiating tactics in program placement and claim adjustment. It will explore all aspects of a successful placement, including navigating hard market conditions, identifying critical language negotiations, anticipating emerging legal strategies that may undermine coverage, and proactively preparing claims to achieve maximum recovery.

Learning Objectives:

  • To understand and learn how to anticipate emerging legal strategies aimed at undermining coverage.
  • To obtain tactics for earlier and more comprehensive language negotiation designed to reinforce coverage intent.
  • To gain a better understanding of market conditions from industry leaders and identify opportunities for creating negotiating.
  • To develop best practices for thorough, timely, and cost-effective claim preparation to enhance recovery potential.

Speakers:
Gregory David Podolak, Managing Partner, Saxe Doernberger & Vita, P.C.
James Moye, Jr., Senior Vice President, Nielson, Hoover & Company (NHG Specialty)
Andrea Nelson, Vice President, Risk Management, Manhattan Construction Company
Alex Stephens, Director of Claims, Turner Construction Company

Repeated Session CLE Session

Prepare to navigate the digital future of the surety industry and harness its potential to drive progress and efficiency. In this dynamic session, learn about the progress being made with emerging technologies such as Blockchain and XBRL, and how they are poised to transform construction risk management in the near future.

Learning Objectives:

  • Uncover the groundbreaking potential of digital surety bonds authenticated via blockchain, and gain insights into the roadmap for bringing this solution into production.
  • Explore how blockchain technology can enhance various processes in the realm of surety and insurance, revolutionizing industry practices.
  • Learn how construction management and financial software providers are seamlessly integrating XBRL data standards into their solutions. This simplifies the production and provision of work-in-progress statements for contractors, bond producers, sureties, bankers, and CPAs.
  • Delve into innovative data mining solutions that offer valuable insights to contractors, bond producers, and sureties, enabling smarter decision-making and risk management.

Speakers:
Greg Davenport, Chair of the RiskStream Collaborative Surety Advisory Committee
Robert Coon, Vice President – Surety, Scott Insurance, Second Vice President of NASBP

Construction contractors are reporting a recent rise in the number of threats and violent acts from the public towards project staff sometimes resulting in serious injury or death. Unlike planning for typical high-hazard activities, there are usually no precursors to these unprovoked events leaving contractors unprepared. Increasingly, the responsibility for protecting project staff is falling back on the contractors. This session will discuss what a contractor’s response plan should include and how situational awareness, new developments in technology, and employing effective deterrents can better prepare you for the unforeseen.

Speakers:
Greg Sassi, Director of Security – Gilbane Insurance Group , Gilbane Building Company
Additional speakers to be announced

4:05 PM – 4:30 PM

Networking Break

Grab a quick coffee in between sessions.

4:30 PM – 5:30 PM

Breakout Sessions

In a rapidly evolving construction landscape, understanding and mitigating subcontractor defaults is paramount. Join us for an insightful session where industry leaders come together to shed light on the prevalence, root causes, and best practices for avoiding subcontractor defaults.

WTW will share recent research data, delving into subcontractor default insurance trends, identifying trades most affected in the defaults of 2023, and unveiling the persistent traits that drive these defaults.

FMI Corporation brings valuable insights from interviews with AGC-member general and specialty contractors. Discover what underwriting questions contractors have newly integrated into their subcontractor qualifications in 2023 and the chief concerns surrounding subcontractor stress as we move forward. In addition, in-house risk managers currently serving on AGC’s Risk Advisory Committee will share the top issues being discussed and addressed amongst their peer group.

Prepare to gain fresh perspectives, data-driven strategies, and actionable takeaways to bolster your construction risk management approach. Don’t miss this opportunity to stay ahead of the curve in safeguarding your projects against subcontractor defaults.

Speakers:
David Madison, Principal, FMI Consulting
Adam Denno, Technical Services Lead, Default Insurance Group, WTW
Maria DiTommaso, Corporate Risk and Contract Manager, BOND Brothers, Inc.

The industry is plagued by misunderstandings about insurance coverage for delays. This session will focus on describing and quantifying delay using real scenarios, and then on working through the presentation and coverage for those delays through the lens of builders risk, general liability, and professional liability insurance. We will highlight common disagreements between insurers and insureds, and the panel’s and audience’s experiences with each, ultimately arriving at strategies to facilitate claim payment and avoid insurance disputes.

Join us so you can:

  • Develop a consistent understanding and way of describing delay damages for the purposes of an insurance claim (what types of delay are there and how it changes depending on who is making the claim).
  • Understand how builder’s risk coverage applies to delay damages (including dispelling myths about how “delay exclusions” apply).
  • Learn how general liability insurance applies to delay damages.
  • Identify strategies to address common disputes arising out of delay claims.

Speakers:
Jeremiah Welch, Managing Partner – SDV West, Saxe Doernberger & Vita, P.C.
Russ Johnson, VP, Insurance & Surety, Skanska USA Building Inc.
Patrick O’Connor, Vice President of Risk Management, Counsel, The Walsh Group
Tammy Pike, Senior Risk Manager, Kiewit Corporation

Repeated Session CLE Session

The imperative of prompt claims resolution is making mediation increasingly more important as a means of resolving claims and project impasses. Our seasoned panel will share strategies and techniques for engaging in mediation effectively and avoiding the reflexive move toward serial compromises.

Come and learn:

  • Fresh perspectives on mediation through the eyes of experienced mediators, exploring diverse styles and approaches to problem-solving.
  • The psychological principles driving successful negotiation and mediation, from overcoming overinflated case assessments and using the transformative power of listening, to effectively preparing your case for mediation because perception is reality.
  • Proven impasse breakers, including mediation restructuring, the strategic use of worst-case scenarios, and the nuances of mediator evaluations.
  • How to use mediation to change minds and influence opinions rather than just split things down the middle.

Speakers:
Christopher J. Brasco, Esq., Senior Partner, Watt, Tieder, Hoffar & Fitzgerald, LLP
Vivian Katsantonis, Esq., Senior Partner, Watt, Tieder, Hoffar & Fitzgerald, LLP
Susan Weinstock, Assistant Vice President, Surety Claims, Arch Insurance
Steven Lunsford, Esq., Assistant General Counsel, Skanska USA Civil
Catherine Damico, Esq., Assistant General Counsel, Kiewit Corporation

Repeated Session CLE Session

We are seeing the industry moving toward a risk-sharing model that helps construction companies and owners alike. In the future, project delivery and contracting strategies cannot be simply market-based but must be based on the skills, qualifications, and proven track records of project participants. Customized delivery strategies and careful selection of contracting methods allow for more collaboration between owners, designers, and contractors and can optimize project outcomes. Strategies such as Progressive Design Build and Integrated Project Delivery are used more frequently due to their ability to engage contractors early while still controlling construction costs. While new approaches to project delivery may lead to higher planning and preconstruction costs, a value-based selection of architect and engineering firms, contractors, and suppliers can increase the chances of project success.

What you will learn:

  • Gain insights and explore trends from KPMG’s 2023 Global Construction Survey.
  • Understand the dynamics of risk shifting between owners and contractors.
  • Discover best practices for navigating the new economic landscape.
  • Anticipate the direction of risk management in the future.

Speakers:
Serena Crivellaro, Managing Director, Strategy | Engineering & Construction, KPMG

5:30 PM – 6:30 PM

Evening Reception

Open to all attendees

Sponsored by:

Wednesday, January 31, 2024

7:00 AM – 8:00 AM

Breakfast

Open to all attendees – Join us for a buffet-style breakfast.

8:00 AM – 9:10 AM

Constructing Hope: Honest Insights on Mental Health and Suicide in the Industry

General Session

Join us for a candid and impactful panel discussion focused on mental health and suicide in the construction industry. With an estimated 5,500 industry members succumbing to suicide annually, surpassing job-related fatalities by over fivefold, this session seeks to address the critical need for support and intervention.

  • Corporate Leadership Support and Interaction: Gain specific insights into the diverse range of support and interaction offered at the corporate level. Discover actionable strategies for contractors to develop or enhance employee support programs.
  • Member and Employee Support Programs: Explore the varying Employee Assistance Programs (EAP) and Member Assistance Programs (MAP) offered by organizations. Acquire insights into different program types and how they are making a difference, empowering contractors to establish or improve their own programs.
  • Peer Support in the Workplace: Uncover success stories surrounding peer support initiatives in the construction industry. Learn from the experiences of our experts to develop fresh ideas for implementing or enhancing peer support methods.
  • The Significance of the 988 Suicide and Crisis Line: Delve into the capabilities and long-term plans of the National Suicide and Crisis Hotline, established in 2022. Gain a comprehensive understanding of its resources and expand your knowledge of the 988 line.

This eye-opening session aims to shed light on the crucial issue of mental health in our industry and empower attendees to take meaningful actions in support of their peers and colleagues.

9:10 AM – 9:30 AM

Networking Break

Grab a quick coffee in between sessions.

9:30 AM – 10:30 AM

Breakout Sessions

In an era of increasingly frequent catastrophic events, this comprehensive session explores essential strategies for managing catastrophic construction losses. Drawing from real-world case studies, including the Champlain Towers collapse, our expert panel will guide you through the intricacies of insurance coverage as well as disaster preparedness.

Key Discussion Points:

  • Disaster Preparedness: Develop effective disaster preparedness plans for construction sites, mitigating risks and minimizing the impact of unforeseen events.
  • Maximizing Coverage: Delve into a range of insurance policies and learn how to harness their varying scopes of coverage to obtain protection against an array of claims and substantial losses following catastrophic events.
  • Navigating Insurance Requirements: Recognize and navigate the nuances of insurance policies, including technical terms often employed by insurers to deny coverage for otherwise valid claims.
  • Unconventional Insurance Solutions: Explore the potential of historical insurance policies and nontraditional coverage options in responding to catastrophic losses.
  • Best Practices and Creative Solutions: Identify best practices for effectively coordinating with stakeholders to mitigate losses and secure optimal coverage in the aftermath of major disasters.

Join us for a holistic examination of catastrophic loss management, where you’ll gain the knowledge and insights to navigate complex insurance landscapes and ensure disaster preparedness in the face of catastrophic construction losses.

Speakers:
Eric M. Gold, Partner, Pillsbury Winthrop Shaw Pittman LLP
Stephen S. Asay, Partner, Pillsbury Winthrop Shaw Pittman LLP
Michael Cuevas, Partner, HKA
Additional speakers to be announced

In any complex construction claim involving property damage to the project, CGL and Builder’s Risk coverages are typically the initial targets of recovery. Understanding the extent to which these coverages dovetail and whether there are any unexpected coverage gaps is essential for successful risk transfer. In addition, the parties involved will need to coordinate their contract language with the applicable coverages. The timing and cause of damage, whose property is damaged, and how the loss or claim unfolds will directly impact: 1) whether both policies are triggered; 2) whether only one of the coverages is available; or 3) whether neither coverage is triggered due to a coverage gap, exclusion, or other limitation of coverage.

Come to this session to learn how to identify these coverage challenges as well as the potential solutions. The speakers also will identify recent cases that illustrate these concepts. Appreciating these nuances and avoiding coverage gaps is critical to presenting the claim and maximizing coverage.

Speakers:
Jeffrey J. Vita, Partner, Saxe Doernberger & Vita, P.C.
Regina Adler, US Construction Claim Leader, SVP, Marsh
Vincent Ansiaux, Director, Corporate Insurance and Risk Management, Austin Industries

Join this session to delve into the ever-evolving landscape of Build America, Buy America Act (BABAA) requirements that apply to public and private projects that receive funding, loans, guarantees, and/or insurance from the federal government. Gain insights on critical compliance strategies, potential pitfalls, and key takeaways, including:

  • Identifying and understanding new and expanded operational requirements under BABAA.
  • Developing strategies to assess, plan for, and manage the risks of enhanced workforce and material requirements on new projects.
  • Formulating strategies for selecting projects and assessing the costs and methods needed for compliance.
  • Evaluating the extent and applicability of requirements in new funding for various construction sectors.
  • Understanding the resources and costs associated with compliance on projects funded by Infrastructure Investment and Jobs Act and Inflation Reduction Act federal dollars.

This session is a must-attend for contractors seeking to thrive in the changing construction industry landscape.

Speakers:
Joseph R. Young, Partner, Smith Currie & Hancock LLP
Ronald G. Robey, Partner, Smith, Currie & Hancock LLP

CLE Session

10:30 AM – 10:50 AM

Transition Break

10:50 AM – 11:50 AM

Breakout Sessions

In an era of increasingly frequent catastrophic events, this comprehensive session explores essential strategies for managing catastrophic construction losses. Drawing from real-world case studies, including the Champlain Towers collapse, our expert panel will guide you through the intricacies of insurance coverage as well as disaster preparedness.

Key Discussion Points:

  • Disaster Preparedness: Develop effective disaster preparedness plans for construction sites, mitigating risks and minimizing the impact of unforeseen events.
  • Maximizing Coverage: Delve into a range of insurance policies and learn how to harness their varying scopes of coverage to obtain protection against an array of claims and substantial losses following catastrophic events.
  • Navigating Insurance Requirements: Recognize and navigate the nuances of insurance policies, including technical terms often employed by insurers to deny coverage for otherwise valid claims.
  • Unconventional Insurance Solutions: Explore the potential of historical insurance policies and nontraditional coverage options in responding to catastrophic losses.
  • Best Practices and Creative Solutions: Identify best practices for effectively coordinating with stakeholders to mitigate losses and secure optimal coverage in the aftermath of major disasters.

Join us for a holistic examination of catastrophic loss management, where you’ll gain the knowledge and insights to navigate complex insurance landscapes and ensure disaster preparedness in the face of catastrophic construction losses.

Speakers:
Eric M. Gold, Partner, Pillsbury Winthrop Shaw Pittman LLP
Stephen S. Asay, Partner, Pillsbury Winthrop Shaw Pittman LLP
Michael Cuevas, Partner, HKA
Additional speakers to be announced

Repeated Session

In a rapidly evolving construction landscape, understanding and mitigating subcontractor defaults is paramount. Join us for an insightful session where industry leaders come together to shed light on the prevalence, root causes, and best practices for avoiding subcontractor defaults.

WTW will share recent research data, delving into subcontractor default insurance trends, identifying trades most affected in the defaults of 2023, and unveiling the persistent traits that drive these defaults.

FMI Corporation brings valuable insights from interviews with AGC-member general and specialty contractors. Discover what underwriting questions contractors have newly integrated into their subcontractor qualifications in 2023 and the chief concerns surrounding subcontractor stress as we move forward. In addition, in-house risk managers currently serving on AGC’s Risk Advisory Committee will share the top issues being discussed and addressed amongst their peer group.

Prepare to gain fresh perspectives, data-driven strategies, and actionable takeaways to bolster your construction risk management approach. Don’t miss this opportunity to stay ahead of the curve in safeguarding your projects against subcontractor defaults.

Speakers:
Sabine Huynen Hoover, Chief Marketing Officer, FMI Corp.
John Marsicano – CCA,CCP,CRIS, Senior Director of SDI Claims and Construction Consulting, WTW
Anthony Pecchio, Senior Vice President, The Christman Company

Repeated Session

Given the rise of ESG regulation and reporting requirements, general contractors may unknowingly face profitability and compliance risks. What was once a voluntary reporting landscape has shifted and contractors are receiving requests for climate-related metrics and ESG reporting in RFPs to be scored and evaluated during the bidding process and/or as a compliance requirement within won contracts.

Forward-looking organizations are already evaluating and collecting information regarding resource efficiency, increasing costs, social impact considerations, fair wage and labor practices, hiring practices, EHS (environmental, health and safety) standards, etc. These are a few that fall within the ESG and sustainability spectrum that when accounted for and accurately reported, are a catalyst for growth.

Inaction on climate-related initiatives today directly threatens general contractors’ ability to compete and maintain profitability. What opportunities does this represent for general contracting businesses? What steps should be taken? Join the session to learn how to protect and enhance your organization’s value.

Speakers:
Laura Cataldo, Director, Construction & Real Estate Advisory, Baker Tilly
Mallory Thomas, CPA, MBA, CIA, CITP, CISA, Partner, Baker Tilly
Randy Haak, Chief Legal Officer, Boldt