2025 Agenda
Tentative Agenda Is Subject to Change | All Times Are Listed in Eastern Time (ET)
Sunday, January 26, 2025
12:00 PM
AGC’s 2025 Winter Golf Scramble – Presented by The Baldwin Group
(Separate Registration Required)
Get ready to tee off in style at the picturesque Saltleaf Golf Preserve – the perfect way to kick-start AGC’s 2025 Conference on Surety Bonding and Construction Risk Management.
Your participation directly supports the AGC Education & Research Foundation’s scholarship and research programs.
Sponsored by:
Monday, January 27, 2025
7:00 AM – 3:00 PM
AGC Pre-Conference Meetings For In-House Lawyers & In-House Risk Managers
(Separate Registration Required)
Preceding the 2025 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.
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
This session analyzes a single vertical construction project in urban California. This large, complex project encountered various risk management and insurance issues, including those involving coverage under builders risk, subcontractor default insurance (SDI), and OCIP policies. The speakers—the General Counsel for a general contractor who was formerly in private practice as a construction litigator and an insurance-coverage attorney who represents policyholders—will use this case study to explore how different risks and coverages intermingle on a single construction project.
Speakers:
Miles C. Holden, Partner and Insurance Recovery Practice Group Leader, Hanson Bridgett LLP
Steve Cvitanovic, General Counsel, Build Group, Inc.
CLE Session
Subcontractor defaults are on the rise, even among some with a long history of success and financial stability. What is going on? How can the issues be identified early and cooperatively resolved to minimize the associated cost, time, and quality impacts? We will examine the root causes of subcontractor defaults and discuss strategies to identify, prevent, and mitigate the impact. There are some new and innovative tools for up-front support to avoid the most common causes of defaults in the first place. Everything and anything will be on the table for discussion. This panel will discuss data (AXA has the most robust SDI data in the industry) and case studies.
Speakers:
Adam Handfinger, Co-Managing Partner, Miami Office, Peckar & Abramson, P.C.
Craig Quish, Director of Risk Management, Shawmut Design and Construction
Kim Henderson, Senior Vice President & General Counsel, Moss & Associates
Ron Lagman, Senior Risk Engineer – Subcontractor Default Insurance, AXA XL
6:00 PM – 7:00 PM
Welcome Reception
Open to all attendees
Sponsored by:
Tuesday, January 28, 2025
7:00 AM – 8:00 AM
Breakfast
Open to all attendees
Sponsored by:
8:00 AM – 9:30 AM
Opening General Session
As we step into 2025, real estate investors and developers are eager for an industry rebound as the economy recovers from post-pandemic disruption and a period of high interest rates. But are current market conditions favorable enough for industry stakeholders to unlock pent-up demand for project development and green-light new construction? Join this engaging panel discussion, where industry experts will explore key economic trends, market risks, and the impacts of evolving conditions on project decision-making. This session will provide valuable insights into the opportunities and challenges facing construction stakeholders.
Speakers:
L. Shea De Lutis, Director, Clark Construction Group, LLC
Jay Bowman, Partner, FMI Consulting
Geoffrey Stricker, Senior Managing Director, Edgemoor Infrastructure & Real Estate
Teresa Martin, Executive Vice President, Producer, Lockton Companies
Julie Burger, Managing Director, Wells Fargo Corporate and Investment Banking
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
Renewable projects are on the rise, and many of us (carriers, brokers, contractors and alike) are actively involved with or will eventually find ourselves involved with a renewable project. The growth of renewable projects is only expected to rise, particularly with the IRA and Infrastructure Package. This panel will share some of its insight into the elevated risk associated with renewable projects and a few strategies on how to best maneuver around such risk. We will bring the expertise of the EPC Contractor, Owner, Broker, Lender/Tax Equity Consultant, and Carrier to the forefront of the discussion.
Speakers:
Ted Wickenhauser (Moderator), Executive Vice President, Risk Management, McCarthy Holdings, Inc.
Sandy Calvert, Senior Vice President, Moore-McNeal, LLC
Alicia Pavelko, Chief Innovation & Sustainability Officer, Zurich North America
Natalie Kenny, Senior Vice President, WTW
Michael Alvarez, COO & Co-founder, Longroad Energy
Panel discussion around current best practices and challenges involving procurement, contractual integration, and claim management for builder’s risk insurance.
Speakers:
Michelle Luster, Director of Risk Management, Swinerton
Jeremiah Welch, Partner, Saxe Doernberger & Vita, P.C.
Russ Johnson, Vice President, Insurance and Surety, Skanska USA Building Inc.
Tammy Pike, Senior Risk Manager, Kiewit
CLE Session
To win a construction dispute, a contractor must prove both the other party’s liability and the damages suffered as a result of the breach. Using real examples from case studies, a construction lawyer who has been prosecuting and defending against such claims for 30 years on behalf of many of the nation’s largest contractors, will delve deeply into the damages half of the equation, exploring and explaining the various categories of damages that contractors and owners typically incur, and how each are addressed in contractual and legal frameworks. The audience-interactive program will focus on providing practical guidance on how to implement real-time, during the project, strategies to effectively and efficiently document each damages type so you are armed with the proof you need to prove your entitlements.
Speakers:
Gregory H. Chertoff, Managing Partner, New York Office, Peckar & Abramson, P.C.
CLE Session
Behind the Paper Curtain provides a glimpse behind the curtain into surety underwriting and the surety underwriter’s mindset. The presentation will touch on topics ranging from underwriting hot buttons to financial metrics. The presentation will also address emerging trends impacting surety, such as AI and bank-fronted surety. Behind the Paper Curtain will answer burning surety questions from In-House Risk Managers in the AGC family. The information provided could help to improve the dialogue between contractors and their sureties and ultimately allow for smoother surety relationships.
Speakers:
Mike Bond, Chief Underwriting Officer – National Accounts, Markel Surety
Telemedicine, also known as telehealth, utilizes technology to remotely connect patients with health care services. In recent years, this innovative approach to treating injured workers has gained traction in the construction industry. It is particularly beneficial when the injured worker requires immediate care or unable to be seen in-person, especially in situations where the project is in remote locations. This session explores one construction firm’s journey with integrating telemedicine into their enterprise-wide safety, health and risk management programs. The discussion will focus on best practices for managing bodily injury, the connection between telemedicine services and managing workers compensation, and how safety and risk management collaborate to manage jobsite injuries and illnesses.
Speakers:
Mike Gole, Director of Occupational Safety & Health, Manhattan Road & Bridge
Andrea Nelson, VP, Risk Management, Rooney Holdings, Inc.
Laura Zeller, VP, Customer Support, Axiom Medical
11:00 AM – 11:25 AM
Networking Break
Grab a quick coffee in between sessions.
Sponsored by:
11:25 AM – 12:25 PM
Breakout Sessions
Mass Timber Builders and Insurers view the world somewhat differently, but that doesn’t mean we can’t work it out! This session will focus on all sides of Mass Timber’s insurance challenges: what builders need from insurers as they take on this work, and what insurers need from mass timber builders so that they can provide the coverage needed to build these beautiful, sustainable buildings. We will begin by examining the progress we’ve made so far, and then have a frank discussion on how we can progress from here, with panelists from insurance, development, and construction. Session attendees will come away with the perspective and the tools needed to have productive conversations with their partners in this endeavor.
Speakers:
Cheri Hanes, Head of Construction Innovation and Sustainability, AXA XL
Gerry Potempa, Risk Engineering Manager for Property, AXA XL
Sheldon Oppermann, CFO and General Counsel, Timber + Partners
Scott Allan, Chief Risk Officer, STO Building Group
Builders risk claims often involve consideration of damages that are excluded by the faulty workmanship exclusion versus those that are covered by the ensuing loss exception. This session will provide attendees with a practical learning experience of how the faulty workmanship exclusion and ensuing loss exception in builders risk policies function and will include tips for organizing, allocating, and submitting losses to carriers to expedite the claims process and maximize recovery.
The stages of a project impacted by a builders risk claim involving faulty workmanship will be explored with an analysis of the distinction in coverage between costs incurred to fix the faulty work versus repair the ensuing losses caused by an otherwise covered peril. The presentation will highlight common mistakes made in claim preparation which can delay the coverage decision and reduce overall recovery, ultimately arriving at practical strategies for navigating the claims process based on the panelists’ real-world experiences.
Speakers:
Kelly Johnson, Partner, Saxe Doernberger & Vita, P.C.
David Rosenof, Vice President, J.S. Held
Dave Glasser, Partner, The Baldwin Group
CLE Session
Speakers:
Caryn Maxfield (Moderator), Senior Vice President, American Global
Julie Alleyne, Vice President, Policy and General Counsel, Surety & Fidelity Association of America
Dave Pupkiewicz, Vice President Business Development – SE, Flatiron Dragados
Ante Petricevic, Senior Vice President, American Global
Mike Turner, Vice President Alternative Delivery – East, AECOM
Contract provisions are an important tool in clarifying risk allocation, specifying or limiting remedies and damages, and triggering insurance coverage. Construction lawyers, insurance brokers, and coverage lawyers can usually rely on strong indemnity agreements and insurance provisions to make sure they are effectively transferring risk downstream and toward insurance policies that were purchased to accept the risk. But what happens when those other provisions in the contract get in the way? A strong contract provision may be effective in avoiding liability, but it creates a costly dispute about insurance coverage. This session will explore the other common provisions found in construction contracts that can impede effective risk transfer, an exploration of carrier responses, and real-life case examples to shape a discussion around best practices.
Speakers:
Michael V. Pepe, Managing Partner, NE Offices, Saxe Doernberger & Vita, P.C.
Amy Iannone, Insurance and Risk Management Leader, DPR Construction
Jonathan Hausner, Corporate Counsel, J.F. White Contracting Co.
Brian Rice, VP, Assistant General Counsel, and Chief Litigation Counsel, Railworks Corporation
CLE Session
12:25 PM – 1:30 PM
Lunch
Open to all attendees
Sponsored by:
1:30 PM – 2:40 PM
General Session
This is an introduction to the current cybersecurity landscape through the lens of a Midwest contractor that survived the worst possible scenario and wishes to help others avoid the catastrophic impact of cybercrime.
Speakers:
Jeffery DeRamus, Director of Information Technology, Shook Construction Co.
Greg Birkemeyer, Director of Risk Management, Shook Construction Co.
2:40 PM – 3:05 PM
Networking Break
Grab a quick coffee in between sessions.
Sponsored by:
3:05 PM – 4:05 PM
Breakout Sessions
Often in construction-related losses, participants (including the project team, brokers, and counsel) make certain assumptions about risk transfer and insurance, which ultimately inform the overall strategy in a case. These assumptions are based on some common misconceptions that, unfortunately, can derail the successful resolution of a construction claim as well as undermine a robust insurance program. This presentation will identify the most common myths and explain why they represent a misunderstanding of construction risk and insurance, including:
- Course of construction exclusion on a GL program is acceptable
- Repair Work Endorsements provide valuable coverage
- Removing exclusions J, K, L on a GL program enhances coverage
- Follow form excess coverage always “follows form” to the underlying terms, conditions, and exclusions
- Contractors building non-design/build projects do not need Professional Liability insurance
- For a given construction claim, contractors can access either GL or PL insurance, but not both
Speakers:
Jeffrey J. Vita, Partner, Saxe Doernberger & Vita, P.C.
Jennifer Martin, Director of Risk Management, Alston Construction
Donald Naber, Executive Vice President – Safety, Risk & Insurance, Gilbane Building Company
Regina Adler, US Construction Claims Leader, Marsh
Megaprojects are on the rise and present unique challenges for the management of project risk. Whether a “megaproject” is defined as a long-term project of over $1 billion — or as a project over $35 million lasting more than a year under the U.S. federal government definition — there are exceptional risks that come with larger, longer-term construction projects. Risks inherent in any project are magnified and gain complexity on significant construction works involving multiple stakeholders, massive financial investment, several levels of trade partners, and extended project duration. When coupled with the industry’s shift away from traditional design-bid-build project delivery to models creating new risks – design-build, DBF, DBFOM, EPC, and P3 – contractors, insurers, and sureties face new and high stakes on megaprojects. This presentation will address megaproject risks and methods to plan for, mitigate, and avoid them in the areas of insurance, bonding, contract terms, and trade partners.
Speakers:
S. Elysha Luken, Partner, Smith Currie Oles LLP
Seth Firmender, SVP Construction P&C and Surety Bond Practice, Lockton
Joseph R. Young, Partner, Smith Currie Oles LLP
CLE Session
This session will tackle one of the major bugaboos in modern construction insurance, where there are strong, divergent opinions between Owners and Contractors: What’s better, OCIPs or CCIPs? Experienced coverage counsel, insurance brokers, and risk managers will explore the critical considerations involved in orchestrating a successful wrap program and the pros and cons of the two models. The discussion will include identifying key insurance and contract terms, orchestrating and managing a team of professionals to place and administer the program, and navigating essential underwriting and claims considerations. It will also offer real-world examples and perspectives. In the end, we’ll reach a definitive answer – one that might be surprising…
Speakers:
Gregory Podolak, Managing Partner, Saxe Doernberger & Vita, P.C.
Wendy Conway, Managing Director, Construction Risk Management, Greystar
Issy Bustamante, SVP, Director of Client Services Property & Casualty Construction Practice, Lockton
Stacy M. Manobianca, Senior Corporate Counsel/Director of Complex Claims, Turner Construction
CLE Session
Suretyship has stood the test of time, but the evolving construction landscape demands a fresh look at its application. From challenging traditional biases against surety bonds to uncovering opportunities for cost savings and fraud prevention, this session covers it all. Attendees will gain actionable insights from Ernst & Young’s new study on the economic value of bonding and learn about new conflict-resolving industry bond language improvements that are underutilized, such as the ConsensusDocs bond forms. A special focus will be on combating fraud: uncovering common scams, identifying red flags, and reviewing real-world case studies. Attendees will explore the advantages of electronic surety bonds in fraud prevention and discover best practices for reviewing and verifying bond submissions. The session will also introduce the Contractors Bonding Education and Mentoring Program, equipping participants with practical strategies to mitigate risk, reduce costs, and strengthen their bond management processes.
Speakers:
Lisa Deatherage, Director of Sales & Marketing, Surety2000
Greg Horne, VP & Senior Contract Surety Underwriting Officer, Liberty Mutual Surety
4:05 PM – 4:30 PM
Networking Break
Grab a quick coffee in between sessions.
4:30 PM – 5:30 PM
Breakout Sessions
Contract provisions are an important tool in clarifying risk allocation, specifying or limiting remedies and damages, and triggering insurance coverage. Construction lawyers, insurance brokers, and coverage lawyers can usually rely on strong indemnity agreements and insurance provisions to make sure they are effectively transferring risk downstream and toward insurance policies that were purchased to accept the risk. But what happens when those other provisions in the contract get in the way? A strong contract provision may be effective in avoiding liability, but it creates a costly dispute about insurance coverage. This session will explore the other common provisions found in construction contracts that can impede effective risk transfer, an exploration of carrier responses, and real-life case examples to shape a discussion around best practices.
Speakers:
Michael V. Pepe, Managing Partner, NE Offices, Saxe Doernberger & Vita, P.C.
Amy Iannone, Insurance and Risk Management Leader, DPR Construction
Jonathan Hausner, Corporate Counsel, J.F. White Contracting Co.
Brian Rice, Brian Rice, Vice President, Associate General Counsel, and Chief Litigation Counsel, Railworks
Repeated Session CLE Session
Panel discussion around current best practices and challenges involving procurement, contractual integration, and claim management for builder’s risk insurance.
Speakers:
Michelle Luster, Director of Risk Management, Swinerton
Jeremiah Welch, Partner, Saxe Doernberger & Vita, P.C.
Russ Johnson, Vice President, Insurance and Surety, Skanska USA Building Inc.
Tammy Pike, Senior Risk Manager, Kiewit
Repeated Session CLE Session
Water damage losses on vertical construction projects comprise one-half of all losses incurred. Builder’s Risk insurers pay these claims; however, the ultimate cost is borne by contractors and owners in the form of higher premiums and deductibles. Industry data shows that 83% percent of water damage losses stem from just 20% of water damage incidents. That means that to systematically reduce insurance costs it will be necessary to significantly reduce the incidence of large water damage claims. Fortunately, rapidly evolving IoT loss prevention solutions provide a cost-effective means to detect water events and enable mitigation before major issues arise. And insurers are noticing.
In this session, a panel comprised of a risk manager and construction, insurance, and IoT technology experts will use case studies to show that most water damage losses are preventable and will outline how implementing IoT water damage risk management programs can produce immediate and long-term financial benefits including premium and deductible relief.
Speakers:
Scott Allan, Chief Risk Officer, STO Building Group
Ted Way, Senior Vice President, Arthur J. Gallagher
Bret Bush, Executive Vice President, Insight Risk Technologies, LLC
Join Kevin Cannon, Senior Director of Safety, Health & Risk Management at AGC of America for a deep dive into the association’s safety and health activities – from influencing federal regulations to administering the industry’s elite safety excellence awards program. Learn how you can leverage AGC resources and opportunities to impact existing and emerging safety and health issues affecting the construction industry, build a powerful personal and professional network, and give back to the industry.
Speakers:
Kevin Cannon, CSP,ARM,Senior Director, Safety, Health, and Risk Management, AGC of America
5:30 PM – 6:30 PM
Evening Reception
Open to all attendees
Sponsored by:
Wednesday, January 29, 2025
7:00 AM – 8:00 AM
Breakfast
Open to all attendees – Join us for a buffet-style breakfast.
Sponsored by:
8:00 AM – 9:10 AM
General Session
Insurance providers for Construction General Liability and SDI are using claims data, defect trends, relationships with their clients, and common sense to help contractors focus on improved processes and preventative quality management practices. This not only reduces claims but helps to prevent rework and callbacks that might not rise to the level of claims but that nonetheless impact profitability. This presentation will explore the critical role that construction insurance providers play in enhancing quality management within the construction industry.
Hear from a Contractor and two Insurance carriers as they share their perspectives on:
- The General Liability viewpoint from a construction insurance group that is actively involved in the development of quality management systems for their members.
- The importance of GC/CM quality management in preventing and reducing the risk of subcontractor defaults.
- How the focus on quality management by our insurance partners is helping contractors integrate quality management systems and practices into all phases of the construction process.
Speakers:
Peter Ukstins, Head of Construction Risk Engineering, AXA XL
C. Collin Sutt, Sr. Performance Excellence & Quality Consultant, American Contractors Insurance Group
Jeff Cumpston, Corporate Quality Director, Nabholz Construction Services
9:10 AM – 9:30 AM
Networking Break
Grab a quick coffee in between sessions.
9:30 AM – 10:30 AM
Breakout Sessions
Defective construction claims have never excited insurers. But CGL and builders risk insurance policies are relied upon by construction insureds for protection against these claims. Recent court cases in major jurisdictions seem to point to better times. One of the last dominos to fall is Illinois, in that the Illinois Supreme Court has held CGL coverage for construction defects can give rise to an occurrence and property damage, even to the work itself. At the same time, courts have applied the “LEG 3” exclusion to find coverage for defective work under a builders risk policy. Despite these gains, construction defect claims remain tough and seem to get tougher. This presentation will discuss issues and means for the construction industry to avoid pitfalls and maximize coverage for these claims, including under wrap-ups. As Bruce Springsteen wonders, will my insurance cover me?
Speakers:
Robert J. MacPherson, Principal, Cokinos Young PC
Travis M. Brown, Principal, Cokinos Young, P.C.
Steven Coombs, President, Risk Resources
CLE Session
This panel of attorneys, claims experts, and in-house legal counsel will address the “elephant in the room” by explaining the recent changes to critical policy provisions, identifying realistic expectations that all parties should have for coverage, and helping contractors to avoid disputes.
Speakers:
Lauren Smith (Moderator), Litigation Associate, Pillsbury Winthrop Shaw Pittman LLP
Sean Badger, Managing Director, Hendershot Consulting, LLC
Eric M. Gold, Partner, Pillsbury Winthrop Shaw Pittman LLP
Carolyn Morehouse, Corporate Counsel, McShane Construction
Andy Taylor, Director – Subcontractor Default Insurance, Aon Risk Solutions
This presentation will provide you with various information, guidance, and steps necessary for contractors, owners, and stakeholders to accurately document the progress of the project before the natural disaster event and how to document the impact of the event (schedule and cost of remediation) on the project. The presentation will provide actual examples of a $500 million five-star hotel/resort that was approximately 75% percent complete when the storm hit, providing examples of preparing the individual trade damage and how to be compliant with the insurance policy.
Speakers:
Tony Ollmann, Principal, Baker Tilly
Jim Miller, Director, Baker Tilly
10:30 AM – 10:50 AM
Transition Break
10:50 AM – 11:50 AM
Breakout Sessions
Defective construction claims have never excited insurers. But CGL and builders risk insurance policies are relied upon by construction insureds for protection against these claims. Recent court cases in major jurisdictions seem to point to better times. One of the last dominos to fall is Illinois, in that the Illinois Supreme Court has held CGL coverage for construction defects can give rise to an occurrence and property damage, even to the work itself. At the same time, courts have applied the “LEG 3” exclusion to find coverage for defective work under a builders risk policy. Despite these gains, construction defect claims remain tough and seem to get tougher. This presentation will discuss issues and means for the construction industry to avoid pitfalls and maximize coverage for these claims, including under wrap-ups. As Bruce Springsteen wonders, will my insurance cover me?
Speakers:
Robert J. MacPherson, Principal, Cokinos Young, PC
Travis M. Brown, Principal, Cokinos Young, P.C.
Steven Coombs, President, Risk Resources
Repeated Session CLE Session
As new property development is focused on the inner city, waterfront properties, and other historic industrial sites, routine contracting practices may yield environmental hazards. These exposures are not restricted to environmental contractors; GCs, CMs, trades, and Owners all have exposure. This session will explore and present how these issues can be identified and properly addressed during due diligence, pre-construction, insurance, and contracting mechanisms.
Speakers:
Will Bennett, Partner, Saxe Doernberger & Vita, P.C.
Frank Russo, Managing Director, Imperium Consulting Group
Alex Stephens, Senior Corporate Counsel, Turner Construction Company
Water damage losses on vertical construction projects comprise one-half of all losses incurred. Builder’s Risk insurers pay these claims; however, the ultimate cost is borne by contractors and owners in the form of higher premiums and deductibles. Industry data shows that 83% percent of water damage losses stem from just 20% of water damage incidents. That means that to systematically reduce insurance costs it will be necessary to significantly reduce the incidence of large water damage claims. Fortunately, rapidly evolving IoT loss prevention solutions provide a cost-effective means to detect water events and enable mitigation before major issues arise. And insurers are noticing.
In this session, a panel comprised of a risk manager and construction, insurance, and IoT technology experts will use case studies to show that most water damage losses are preventable and will outline how implementing IoT water damage risk management programs can produce immediate and long-term financial benefits including premium and deductible relief.
Speakers:
Scott Allan, Chief Risk Officer, STO Building Group
Ted Way, Senior Vice President, Arthur J. Gallagher
Bret Bush, Executive Vice President, Insight Risk Technologies, LLC
Repeated Session