Join us at the Hyatt Regency Coconut Point Resort & Spa in Bonita Springs, FL, for AGC’s annual Surety Bonding and Construction Risk Management Conference

January 30th to February 1st – Bonita Springs, FL
Schedule subject to change

Monday, January 30, 2023

7:00 AM – 3:00 PM

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

Preceding the 2023 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.

4:00 PM – 4:30 PM

Meet & Greet Sponsors

Grab a quick coffee and get energized to kick off the Opening General Session!

Sponsored by:

4:30 PM – 6:00 PM

Economic & Risk Analyses of the Construction, Surety and Insurance Industries

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.

6:00 PM – 7:00 PM

Welcome Reception

Open to all attendees

Sponsored by:

Tuesday, January 31, 2023

7:00 AM – 8:00 AM

Breakfast

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

Sponsored by:

8:00 AM – 9:15 AM

Lessons Learned in Risk Management After the Surfside Champlain Towers Collapse

General Session

A panel discussion diving into the causes, the settlement of the resulting lawsuits, and how the collapse is changing the regulatory and insurance environment.

Hear directly from the Engineer who oversaw the post-collapse investigation and how this incident will affect future building inspections and the insurance industry.

9:15 AM – 9:40 AM

Networking Break

Grab a quick coffee in between sessions.

Sponsored by:

9:40 AM – 10:40 AM

Breakout Sessions

What every participant in controlled insurance programs should be aware of… This discussion will feature speakers with years of experience negotiating, placing, and managing controlled insurance on construction projects (including rolling programs, residential placements, CCIPs, and OCIPs covering billions of dollars in construction revenues). During their time in the industry, the panelists have learned various lessons that have helped them develop better risk management processes for managing controlled insurance risks. In this session, they will share these lessons learned with you and provide advice on managing controlled insurance program risks.

Topics will include, but not be limited to: managing wrap exclusions, risks to manage when excluding trades from the program; how to manage off-site exposures (like prefabricated materials); excess/primary endorsements (and horizontal/vertical exhaustion); other insurance clauses; limits considerations; deductible and self-insured retention considerations, and more.

Speakers:
Karen Flint, Vice President – Risk Manager, Gilbane Building Company
Aldo Fucentese MBA CPCU, Construction Practice Leader, Liberty Mutual
Amy Iannone, Corporate Services Leader – Insurance, DPR Construction
Michael Phillips, Executive Vice President – Construction Practice, WTW

CLE Session

Inconsistent Progressive Design Build contract structures and contract language have sometimes led to confusing bonding structures and, in some cases, overlapping or punitive surety bonds. To promote equitable project security and cost, this panel will discuss surety bond best practices for Progressive Design Build contracts.

Speakers:
Marie Huggins CPCU, AIC, Senior Risk Manager – Risk Management, Kiewit Corporation
Jennifer Moore, Underwriting Director, Travelers Bond & Specialty Insurance
Kim Zanotta, Assistant Vice President & Counsel, Travelers Bond & Specialty Insurance

The construction industry depends on the global supply chain to provide equipment and materials for the timely completion of their projects. The COVID-19 pandemic has greatly disrupted the global supply chain by causing shutdowns, fabrication labor disruptions, and delivery backlogs. These supply chain issues have led to project delays, increased material costs, and disruptions. These disruptions to the supply chain are likely to continue for the foreseeable future. This panel of experts will discuss ways projects can plan for and mitigate supply chain issues to keep projects on time and on budget. This presentation will discuss common contract clauses that are used to mitigate supply chain risk including material escalation clauses, force majeure, the substitution of materials, notice, and termination.

Speakers:
Thomas Mitchell, PE, (Moderator) Service Executive – Dispute Resolution, MBP
Jeffrey Bright, Shareholder, Saxton & Stump Lawyers and Consultants
Robert Hayes, Surety Claims Engineer, Liberty Mutual Surety
Joe Hellenbrand, PE PSP, Senior Consultant, Capital Project Management, Inc.
Ed Littleton, SVP/Risk Management, Balfour Beatty

CLE Session

Culture is a key differentiator in employee recruiting and retention. The risks and consequences are real from alleged discrimination, harassment, bullying, and retaliation in the workplace. This panel will share recommendations, resources, and tools available to help employers and employees address workplace misconduct and combat toxic work culture. Discuss with industry experts and your peers the proactive strategies that drive awareness, early reporting and prompt investigation. As headlines increasingly report U.S. Equal Employment Opportunity Commission (EEOC) enforcement against contractors and large settlement payouts, it is imperative to learn how to protect and maintain a respectful work environment for all employees.

Speakers:
Ashley Seitz (Moderator), Client Executive of Employee Benefits, Holmes Murphy
Todd DeSimone, General Counsel, Consigli Contractors
Allen Gershenson, VP- Office of Ethics & Compliance, McCarthy Building Companies, Inc.
Michelle Luster, Director of Risk Management, Swinerton

10:40 AM – 11:05 AM

Networking Break

Grab a quick coffee in between sessions.

Sponsored by:

11:05 AM – 12:05 PM

Breakout Sessions

What every participant in controlled insurance programs should be aware of… This discussion will feature speakers with years of experience negotiating, placing, and managing controlled insurance on construction projects (including rolling programs, residential placements, CCIPs, and OCIPs covering billions of dollars in construction revenues). During their time in the industry, the panelists have learned various lessons that have helped them develop better risk management processes for managing controlled insurance risks. In this session, they will share these lessons learned with you and provide advice on managing controlled insurance program risks.

Topics will include, but not be limited to: managing wrap exclusions, risks to manage when excluding trades from the program; how to manage off-site exposures (like prefabricated materials); excess/primary endorsements (and horizontal/vertical exhaustion); other insurance clauses; limits considerations; deductible and self-insured retention considerations, and more.

Speakers:
Karen Flint, Vice President – Risk Manager, Gilbane Building Company
Aldo Fucentese MBA CPCU, Construction Practice Leader, Liberty Mutual
Amy Iannone, Corporate Services Leader – Insurance, DPR Construction
Michael Phillips, Executive Vice President – Construction Practice, WTW

Repeated Session CLE Session

Inconsistent Progressive Design Build contract structures and contract language have sometimes led to confusing bonding structures and, in some cases, overlapping or punitive surety bonds. To promote equitable project security and cost, this panel will discuss surety bond best practices for Progressive Design Build contracts.

Speakers:
Marie Huggins CPCU, AIC, Senior Risk Manager – Risk Management, Kiewit Corporation
Jennifer Moore, Underwriting Director, Travelers Bond & Specialty Insurance
Kim Zanotta, Assistant Vice President & Counsel, Travelers Bond & Specialty Insurance

Repeated Session

The construction industry depends on the global supply chain to provide equipment and materials for the timely completion of their projects. The COVID-19 pandemic has greatly disrupted the global supply chain by causing shutdowns, fabrication labor disruptions, and delivery backlogs. These supply chain issues have led to project delays, increased material costs, and disruptions. These disruptions to the supply chain are likely to continue for the foreseeable future. This panel of experts will discuss ways projects can plan for and mitigate supply chain issues to keep projects on time and on budget. This presentation will discuss common contract clauses that are used to mitigate supply chain risk including material escalation clauses, force majeure, the substitution of materials, notice, and termination.

Speakers:
Thomas Mitchell, PE, (Moderator) Senior Executive – Dispute Resolution, MBP
Jeffrey Bright, Shareholder, Saxton & Stump Lawyers and Consultants
Robert Hayes, Surety Claims Engineer, Liberty Mutual Surety
Beverly Hill, Vice President Risk Management, Balfour Beatty Construction
Joe Hellenbrand, PE PSP, Senior Consultant, Capital Project Management, Inc.

Repeated Session CLE Session

According to research, construction workers sustain more traumatic brain injuries (TBI’s) than workers at any other type of workplace. The study found that from 2003 – 2010 more than 2,200 construction workers died from TBI’s with more than half resulting from a fall. As a result of these findings, coupled with personal experiences, a growing number of construction firms are revising existing personal protective equipment (PPE) policies to now require helmets on jobsites for all workers. This session will cover the current OSHA requirements for head protection, the current consensus standards regulating the manufacturing and testing of industrial head protection, and the research that supports the movement to helmets as fall-related head protection. Two industry leaders engaged in this initiative – a general and specialty contractor – will discuss their journey, the influence the related research had on their internal policy decisions, and how they, and the industry, are moving forward.

Speakers:
Steve Spaulding, Vice President, National EH&S Director, Turner Construction Company
Scott Greenhaus, EVP & Chief Risk Officer, Structural Group Inc.

12:05 AM – 1:05 PM

Lunch

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

Sponsored by:

1:05 PM – 2:20 PM

The Executive View – Insights and Trends

General Session

Open panel discussion of the challenges, opportunities, and trends attracting the attention of the most senior executives in construction risk management.

Join this session to hear from a distinguished panel of construction, carrier, brokerage and TPA leaders about their strategies for powering their company’s success in 2022 and beyond.

2:20 PM – 2:45 PM

Networking Break

Grab a quick coffee in between sessions.

Sponsored by:

2:45 PM – 3:45 PM

Breakout Sessions

Contractors have welcomed unprecedented funding in the Infrastructure Investment and Jobs Act (IIJA) and Inflation Reduction Act (IRA). Both bring significant money for federal, state, local, and even private developer work. Funding comes with “strings attached” – primarily through broad expansions of existing requirements for construction materials and workforce, but also by allowing local entities greater flexibility to develop workforce and subcontractor participation requirements. These strings will create challenges and opportunities for contractors in bidding and contract performance.

This session will provide practical risk evaluation and tips for compliance with IIJA/IRA requirements for materials, workforce, and project procurement, including: expanded Buy America requirements and mandated Buy American preferences for infrastructure; requirements for low carbon emission materials; broader application of Davis Bacon requirements and increased penalties; new authority for PLAs; and increased flexibility for state and local entities to require local preferences, on-the-job training requirements, and business opportunities for WBE/MBE/DBE.

Speakers:
S. Elysha Luken, Partner, Smith Currie & Hancock LLP
Ronald Robey, Partner, Smith Currie & Hancock LLP

CLE Session

Fixed-priced, design-build contracts have driven large professional liability claims. Did you think that the risk ended there? While contractors’ professional liability claims have a lot of risk drivers, the first half of this guided discussion will focus on the three most significant root causes of loss. The second half will focus on what contractors can do to avoid or mitigate large professional liability losses.

Speakers:
Michael Davis, RPLU, Head of Construction Professional Liability, Zurich
Darin Kossin, Assistant Vice President Latent & Environmental Claims, Zurich
Mark Peterson, Managing Director, Professional Liability Construction Leader, Aon

Panel discussion about raising awareness of the importance of good communications and legal documents to improve the effectiveness of resolving project disputes with surety bonds.

Speakers:
Emily Hansen, Corporate Counsel, Walsh Construction Group, LLC
Scott MacColl, Principal, Innovative Surety Solutions
Kathleen Maloney, Director of Surety Claims, Frankenmuth Insurance
Rich Towle, Principal, Innovative Surety Solutions

CLE Session

A panel discussion from a risk manager/attorney for a construction manager, a risk manager/attorney for a subcontractor, an insurance professional, and a construction safety professional showing how different functions have different perspectives regarding risk when presented with claim scenarios.

Speakers:
Jennifer DiGeronimo, Corporate Counsel, Independence Excavating, Inc.
Mary Reid, Corporate and HR Counsel, Independence Construction, LLC
William Powell III, Manager, Safety and Risk, Donley’s, Inc.
Tim Walsh, Senior Vice President, Director, Design & Construction, Oswald Companies

3:45 PM – 4:10 PM

Networking Break

Grab a quick coffee in between sessions.

Sponsored by:

4:10 PM – 5:10 PM

Breakout Sessions

Contractors have welcomed unprecedented funding in the Infrastructure Investment and Jobs Act (IIJA) and Inflation Reduction Act (IRA). Both bring significant money for federal, state, local, and even private developer work. Funding comes with “strings attached” – primarily through broad expansions of existing requirements for construction materials and workforce, but also by allowing local entities greater flexibility to develop workforce and subcontractor participation requirements. These strings will create challenges and opportunities for contractors in bidding and contract performance.

This session will provide practical risk evaluation and tips for compliance with IIJA/IRA requirements for materials, workforce, and project procurement, including: expanded Buy America requirements and mandated Buy American preferences for infrastructure; requirements for low carbon emission materials; broader application of Davis Bacon requirements and increased penalties; new authority for PLAs; and increased flexibility for state and local entities to require local preferences, on-the-job training requirements, and business opportunities for WBE/MBE/DBE.

Speakers:
S. Elysha Luken, Partner, Smith Currie & Hancock LLP
Ronald Robey, Partner, Smith Currie & Hancock LLP

Repeated Session CLE Session

Using real claim examples, this session will focus on understanding and addressing the challenges associated with complex claims involving multiple lines of insurance. Experienced risk managers and counsel will impart practical advice about dealing with the competing requirements of different policies, as well as the potential conflict between liability and coverage theories and common exclusions. Ultimately, the session will talk about how to form and execute a sound strategy and manage the process and the people necessary to achieve a successful outcome.

Speakers:
Russ Johnson, Vice President, Insurance and Surety, Skanska USA Building Inc.
Jason Smith, Partner, Seyfarth Shaw LLP
Benjamin Sweeney, Senior Counsel, Bechtel Global Corporation
Jeremiah Welch, Partner, Saxe Doernberger & Vita, P.C.

Panel discussion about raising awareness of the importance of good communications and legal documents to improve the effectiveness of resolving project disputes with surety bonds.

Speakers:
Emily Hansen, Corporate Counsel, Walsh Construction Group, LLC
Scott MacColl, Principal, Innovative Surety Solutions
Kathleen Maloney, Director of Surety Claims, Frankenmuth Insurance
Rich Towle, Principal, Innovative Surety Solutions

Repeated Session CLE Session

Lean Construction is seeing increased adoption as intentional efforts are made to capitalize on the combined experience and know-how of all the project participants to expedite delivery and project success. Core Lean Construction tools and practices that reduce the risk of project performance failures along with past lessons learned, root causes, and ideas for continuous improvement will be shared, including early engagement with project stakeholders to preconstruction and early project collaboration and planning.

Speakers:
Frank Longo, Vice President Project Executive, Skanksa USA Building
Peter Ukstins, Construction Risk Engineering Consultant, AXA XL Insurance

5:15 PM – 6:15 PM

Evening Reception

Open to all attendees

Sponsored by:

Wednesday, February 1, 2023

7:00 AM – 8:00 AM

Breakfast

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

Sponsored by:

8:00 AM – 9:00 AM

The Next Phase of Construction Technology: How Will It Impact the Construction, Insurance and Surety Markets?

General Session

The past decade has brought on major shifts in the use of technology in Construction Insurance and Surety. What was once a paper-heavy, slow and tedious process has evolved with technology and is now more streamlined, with a specific focus on transactional efficiencies. While this made insurance and surety more consumer-friendly and opened up new distribution channels, it hasn’t addressed some key concerns of Contractors and Insurers, namely, reducing risk and cost.

This session will discuss the next evolution of technology in Construction Risk Management: how to use technology and data to help mitigate risk, improve safety, provide more efficient and predictable underwriting and even improve your financial performance.

9:00 AM – 9:25 AM

Networking Break

Grab a quick coffee in between sessions.

Sponsored by:

9:25 AM – 10:25 AM

Breakout Sessions

Anyone involved in a significant dispute will advise: the biggest cost category in many litigation budgets may be related to Electronically Stored Information (ESI), including e-mails, texts and similar communications, and all of the other voluminous electronic data construction companies acquire and maintain. The landscape of legal obligations and the tools available to preserve, gather, sift, sort, produce and receive in discovery, and analyze all of this data, continues to evolve rapidly and, thus, are replete with pitfalls and strategic opportunities.

This panel of experienced thought leaders who address these issues daily will educate regarding legal, technological, and practical issues, from the varied perspectives of outside and in-house counsel and a leading construction-focused ESI consulting firm. Gain the strategic edge by knowing how to: comply with legal mandates; implement cost and time-saving tactics; be ahead of your adversaries in driving this process; and best formulate an effective ESI strategy.

Speakers:
Lauren Abeyta, Founder & COO, Construction Discovery Experts
Gregory Chertoff, Co-Managing Partner, Peckar & Abramson’s New York Office, Peckar & Abramson, PC
David Ehrlich, Corporate Counsel, Turner Construction Company
Richard Volack, JD, Partner, Peckar & Abramson, P.C.

CLE Session

As insurance plays a critical role in construction-related risk transfer, this program will identify and analyze recent insurance coverage decisions that impact construction risk. Understanding how courts interpret and evaluate various lines of coverage available to contractors will help general contractors and construction managers keep pace with the latest insurance trends. Relatedly, this knowledge will arm contractors with the information necessary to better protect their assets through contract drafting as well as insurance placement.

The discussion will cover key recent decisions and how they might impact general contractors and their day-to-day work. The speakers will provide guidance and strategies to avoid potential insurance coverage gaps to facilitate the successful completion of construction projects.

Speakers:
Kenna Plangemann, VP Litigation & ADR, Associate General Counsel, Suffolk Construction
Jeffrey Vita, Partner, Saxe Doernberger & Vita, P.C.

CLE Session

A panel discussion and presentation of industry experts with 100+ years of combined construction experience and 70+ years of combined SDI/Insurance experience on how current and past default trends are helping identify and address risk while implementing risk mitigation and claims strategies throughout the life cycle of a construction project can have a positive impact on a project’s cost and performance and profitability.

Speakers:
John Marsicano (Moderator), Sr. Director SDI Claims and Construction Technical Services, WTW
Chris Heider, Risk Engineer Subcontractor Default, Cove – Optio Group
William Lane, Risk Manager Subcontract Default Insurance, Hudson Insurance Group
Michael Oliveri, PSP, LEED AP, SDI Risk Engineer III, Liberty Mutual
River Steenson, Team Lead/Sr. Risk Engineer, Subcontract Default Insurance, AXA XL
Stephen Villarreal, Director, SDI Risk Engineer, Arch Insurance Group Inc

10:25 AM – 10:45 AM

Transition Break

10:45 AM – 11:45 AM

Breakout Sessions

Anyone involved in a significant dispute will advise: the biggest cost category in many litigation budgets may be related to Electronically Stored Information (ESI), including e-mails, texts and similar communications, and all of the other voluminous electronic data construction companies acquire and maintain. The landscape of legal obligations and the tools available to preserve, gather, sift, sort, produce and receive in discovery, and analyze all of this data, continues to evolve rapidly and, thus, are replete with pitfalls and strategic opportunities.

This panel of experienced thought leaders who address these issues daily will educate regarding legal, technological, and practical issues, from the varied perspectives of outside and in-house counsel and a leading construction-focused ESI consulting firm. Gain the strategic edge by knowing how to: comply with legal mandates; implement cost and time-saving tactics; be ahead of your adversaries in driving this process; and best formulate an effective ESI strategy.

Speakers:
Lauren Abeyta, Founder & COO, Construction Discovery Experts
Gregory Chertoff, Co-Managing Partner, Peckar & Abramson’s New York Office, Peckar & Abramson, PC
David Ehrlich, Corporate Counsel, Turner Construction Company
Richard Volack, JD, Partner, Peckar & Abramson, P.C.

Repeated Session CLE Session

As insurance plays a critical role in construction-related risk transfer, this program will identify and analyze recent insurance coverage decisions that impact construction risk. Understanding how courts interpret and evaluate various lines of coverage available to contractors will help general contractors and construction managers keep pace with the latest insurance trends. Relatedly, this knowledge will arm contractors with the information necessary to better protect their assets through contract drafting as well as insurance placement.

The discussion will cover key recent decisions and how they might impact general contractors and their day-to-day work. The speakers will provide guidance and strategies to avoid potential insurance coverage gaps to facilitate the successful completion of construction projects.

Speakers:
Kenna Plangemann, VP Litigation & ADR, Associate General Counsel, Suffolk Construction
Jeffrey Vita, Partner, Saxe Doernberger & Vita, P.C.

Repeated Session CLE Session

Business disasters of all types can cause unprecedented damage, destruction, and delays to construction projects. Contractors must review their contracts and insurance policies — and consider risk management, insurance, and claims strategies — well ahead of a disaster. This session will educate the audience on critical pre-loss planning strategies and how to present loss costs following a catastrophic business disaster effectively. The expert panel representing a large national broker, claims management, and litigation will present best practices for contractors when preparing for and mitigating the financial and delay impacts of a disaster on a construction project. This will include a discussion of loss mitigation strategies; ways to navigate the complex property, builder’s risk, delay in start-up, business interruption insurance, and FEMA claims; and recommendations for optimizing the presentation of the loss costs for reimbursement.

Speakers:
Regina Adler, SVP & US Construction Claim Leader, Marsh
Joe Poliafico, CSP, Director, Construction Risk Partners
Frank Russo, Managing Director, Imperium Consulting Group
Tracy Alan Saxe, Attorney, Saxe Doernberger & Vita, P.C.

11:45 AM

Conference Concludes

1:00 PM

Golf Tournament

Courtesy of the AGC Service & Supply Council and for the benefit of the AGC Education and Research Foundation, AGC will host its second annual Winter Golf Tournament at the close of its 2023 Conference on Surety Bonding and Construction Risk Management.

Buses to the Old Corkscrew Golf Club will depart from the front door of the Hyatt Regency Coconut Point Resort & Spa at Noon, following the end of the conference, for a shotgun start at 1:00 p.m. Buses back to the hotel will depart from the golf course at 5:30(ish) p.m. – as soon as the tournament concludes.

Learn More About the Tournament

THIS CONFERENCE IS SOLD OUT!

Get ahead start on planning your 2024 attendance – lock in January 29-31, 2024 into your calendars now!