Join Us In-Person June 2-4, 2021 in Bonita Springs, FL
*Please note that the agenda is subject to change. Complete session descriptions and speakers details coming soon.
**AGC intends to offer 5 of the breakout sessions included in the conference for Continuing Legal Education (CLE) credit – CLICK HERE to see AGC’s CLE brochure.
2021 Surety Bonding and Construction Risk Management Conference Agenda
Day One
June 2, 2021
7:00 AM - 3:00 PM
Pre-Conference Meetings For In-House Lawyers & In-House Risk Managers
Preceding the June 2021 events, 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 everyone working for construction companies. Their goal is to provide an opportunity for peer-to-peer discussion of the biggest challenges for today’s construction firms.
4:30 PM - 6:00 PM
Economic Analysis & Outlook for Construction Industry Priorities in Washington, D.C.
General Session
6:00 PM - 7:00 PM
Welcome Reception
Open to all attendees
Sponsored by:
Day Two
June 3, 2021
7:00 AM - 8:00 AM
Breakfast
Open to all attendees
Sponsored by:
8:00 AM - 9:15 AM
Construction CEOs’ Outlook
General Session
9:15 AM - 9:45 AM
Networking Break
Sponsored by:
9:45 AM - 10:45 AM
Breakout Sessions
Learning Objectives:
1) Discover various methods used to evaluate productivity impacts
2) Learn best practices for record-keeping and project tracking to preserve and prosecute productivity claims
3) Learn how productivity impacts are calculated
4) Gain a synopsis of select relevant court rulings and legal decisions related to productivity claims
Speakers:
Jeffrey Katz, PE, Vice President
The Vertex Companies, Inc.
Mariela Malfeld, Partner
Watt, Tieder, Hoffar, & Fitzgerald, L.L.P.
Lauren Rankins, Associate
Watt, Tieder, Hoffar, & Fitzgerald, L.L.P.
Andrew Sargent, PSP, Managing Consultant
The Vertex Companies, Inc.
Rachel Walsh, Regional Vice President (Invited)
Liberty Mutual Surety
Don’t miss knowledge sharing and lively discussion with an SDI Carrier, Surety, Agent/Broker, and CPA on current circumstances and challenges in financial prequalification. The panel will uncover the most important changes they are tackling today in their prequalification work and plans looking ahead. Bring your questions and opinions: We can all learn from one another on the best approaches to getting contractors and subcontractors prequalified to bid on and build projects.
Learning Objectives:
1) Discuss the nature of the increased intensity of financial conditions
2) Generate ideas and best practices for a “go forward” plan
3) Turn communication and conversation into a mutual advantage
Speakers:
Sam Audia, Vice President Surety
McGriff Insurance Services
Nathan Espe, Executive Vice President
Cove Programs Insurance Services
John Phinney, Chief Underwriting Officer – Major Markets Surety
Crum & Forster
Jon Zeiler, CCIFP, Audit Partner
Crowe LLP
Learning Objectives:
1) Understand the science behind wildfires and industry losses so far
2) Learn how to properly assess the wildfire exposure and how they are modeled for builders risk policies
3) Discuss wording and coverages
4) Dive into actions to mitigate wildfire risk on project sites, including alternative insurance solutions
Speakers:
Eugene Choi, Deputy Engineering Lines Lead Underwriter
HDI Global Insurance
W. Milton Smith, CRIS, CIC, Senior Vice President
McGriff, Seibels & Williams
Learning Objectives:
1) Raise awareness of increased ransomware attacks, in both frequency and severity
2) Discuss the cost of these claims, including ransom demands, forensic costs, business interruption and remediation, recovery, and restoration expense
3) Understand regulatory exposures, including the California Consumer Privacy Act (CCPA), New York’s SHIELD Act, and other statutory mandates
4) Explore risk management solutions, both technical and contractual
5) Hear about cyber insurance solutions, including a high-level product overview
Speakers:
Jennifer Beckage, Esq., CIPP/US, CIPP/E, Founder and Data Security Lawyer
Beckage
Patrick Duggan, Vice President of Risk and Corporate Secretary
Power Construction Company, LLC
John Merchant, Managing Director, Cyber & Technology Risk Practice-North
Optio Group
Nick Graf, ARM, CISSP, CEH, FIP, AVP of Information Security
CNA – Specialty Risk Control
11:00 AM - 12:00 PM
Breakout Sessions [Repeated]
Learning Objectives:
1) Discover various methods used to evaluate productivity impacts
2) Learn best practices for record-keeping and project tracking to preserve and prosecute productivity claims
3) Learn how productivity impacts are calculated
4) Gain a synopsis of select relevant court rulings and legal decisions related to productivity claims
Speakers:
Jeffrey Katz, PE, Vice President
The Vertex Companies, Inc.
Mariela Malfeld, Partner
Watt, Tieder, Hoffar, & Fitzgerald, L.L.P.
Lauren Rankins, Associate
Watt, Tieder, Hoffar, & Fitzgerald, L.L.P.
Andrew Sargent, PSP, Managing Consultant
The Vertex Companies, Inc.
Rachel Walsh, Regional Vice President (Invited)
Liberty Mutual Surety
Don’t miss knowledge sharing and lively discussion with an SDI Carrier, Surety, Agent/Broker, and CPA on current circumstances and challenges in financial prequalification. The panel will uncover the most important changes they are tackling today in their prequalification work and plans looking ahead. Bring your questions and opinions: We can all learn from one another on the best approaches to getting contractors and subcontractors prequalified to bid on and build projects.
Learning Objectives:
1) Discuss the nature of the increased intensity of financial conditions
2) Generate ideas and best practices for a “go forward” plan
3) Turn communication and conversation into a mutual advantage
Speakers:
Sam Audia, Vice President Surety
McGriff Insurance Services
Nathan Espe, Executive Vice President
Cove Programs Insurance Services
John Phinney, Chief Underwriting Officer – Major Markets Surety
Crum & Forster
Jon Zeiler, CCIFP, Audit Partner
Crowe LLP
Learning Objectives:
1) Understand the science behind wildfires and industry losses so far
2) Learn how to properly assess the wildfire exposure and how they are modeled for builders risk policies
3) Discuss wording and coverages
4) Dive into actions to mitigate wildfire risk on project sites, including alternative insurance solutions
Speakers:
Eugene Choi, Deputy Engineering Lines Lead Underwriter
HDI Global Insurance
W. Milton Smith, CRIS, CIC, Senior Vice President
McGriff, Seibels & Williams
Learning Objectives:
1) Raise awareness of increased ransomware attacks, in both frequency and severity
2) Discuss the cost of these claims, including ransom demands, forensic costs, business interruption and remediation, recovery, and restoration expense
3) Understand regulatory exposures, including the California Consumer Privacy Act (CCPA), New York’s SHIELD Act, and other statutory mandates
4) Explore risk management solutions, both technical and contractual
5) Hear about cyber insurance solutions, including a high-level product overview
Speakers:
Jennifer Beckage, Esq., CIPP/US, CIPP/E, Founder and Data Security Lawyer
Beckage
Patrick Duggan, Vice President of Risk and Corporate Secretary
Power Construction Company, LLC
Nick Graf, ARM, CISSP, CEH, FIP, AVP of Information Security
CNA – Specialty Risk Control
John Merchant, Managing Director, Cyber & Technology Risk Practice – North America
Optio Group
12:00 PM - 1:00 PM
Lunch
Open to all attendees
Sponsored by:
1:00 PM - 2:15 PM
Top 10 Changes That Bond Producers, Insurance Brokers and In-House Risk Managers Are Seeing or Expecting in the Near Term
General Session
2:15 PM - 2:45 PM
Networking Break
Sponsored by:
2:45 PM - 3:45 PM
Breakout Sessions
Learning Objectives:
1) Be aware of the rapidly changing SDI marketplace
2) Know how the carriers are changing the ways in which they evaluate and pay Direct Cost v. Indirect Cost claims and how to navigate this new coverage landscape
3) Review the importance of going back-to-basics with respect to claims handling, documentation and proofs (compliance with policy notice provisions, effective default strategies, and how subcontract language influences the scope of potential coverage)
4) Discuss how and the degree to which COVID-19 has affected subcontractor defaults and claims
Speakers:
Gregory Chertoff, Partner
Peckar & Abramson, P.C.
John Marsicano – CCA, CCP, CRIS, Director of SDI Claims and Financial Advisory Services Construction N.A
Willis Towers Watson
Jeffrey Vita, Partner
Saxe Doernberger & Vita, P.C.
This panel will take a deep dive into the surety bonding needs of the construction industry. The discussion will provide an assessment of bonds as they are typically offered in today’s marketplace, including their strengths and shortcomings. Then, don’t miss your chance to hear a General Contractor, a large purchaser of bonding, and two Sureties — all members of the “ConsensusDocs Bond Form Working Group” — offer a case study and a path forward on how to establish common ground between the buyers of surety bonds and the needs of a surety for a reasonably writeable risk. The program will address issues commonly encountered in the claims process such as the right of self-help, remedy/mitigation using subcontract funds, and the timing of the surety’s response.
Learning Objectives:
1) Understand what a surety bond buyer is expecting when it makes a claim under a performance or payment bond
2) Understand why, although an “all risk” surety bond might be attractive in the market, such bonds would not be reasonably available in the market
3) Gain insight into the collaboration that produced a new set of bond forms to meet the current needs of the construction and surety industries
4) Discuss key provisions of the new ConsensusDocs bond forms
Speakers:
Robert Duke, Vice President and Surety Counsel
Markel Surety
Gregory Horne, AVP – Contract Surety Underwriting Officer
Liberty Mutual Surety
Robert Majerus, Vice President and General Counsel
Hensel Phelps Construction Co.
Kimberly Zanotta, Assistant Vice President & Counsel
Travelers Casualty & Surety Company
Learning Objectives:
1) Learn the definition of mass timber
2) Understand its history and future based on what is being incorporated into the 2021 IBC
3) Identify potential benefits and risks and of this construction type
4) Gain clarity on the challenges of insuring these projects
Speakers:
Cheri Hanes, CRIS, LEED AP, Senior Construction Risk Engineer, SDI
AXA XL, a division of AXA
Soyoung Lee, Senior Vice President
Arthur J. Gallagher & Co.
Michelle Luster, Risk Manager
Swinerton Incorporated
Graham Montgomery, PE, SE, Technical Director
Timberlab (a Swinerton Company)
This cutting-edge session will focus on strategies to deploy technologies on projects; effectiveness of various use cases of technology in the marketplace; challenges of testing new technologies; applying technology to claims and disputes; insurance strategies surrounding technology and its effects on risk and other related subjects. The panel will share the findings of a recent market survey on risk-based technologies — shedding light on technological priorities, obstacles to adoption, and what’s currently being used by the AEC industry to manage construction risk. Join this panel of industry experts as they share insights in their areas of expertise and come ready to opine on various market perspectives.
Learning Objectives:
1) Discover advanced technologies in the market today
2) Learn of challenges and processes to deploy technologies on projects
3) Discuss ways to navigate unproven technologies
4) Identify strategies for collaborating across multiple companies on technology projects
5) Gain insights into technology market gaps and micro-segmentation of tech solutions
Speakers:
Rose Hall, Vice President, Head of Construction Innovation – North America Construction
AXA XL, a division of AXA
Dale Hendershot, Owner and Managing Member
Hendershot Consulting, LLC
Andrew Lindsey, Director of Applied Research & Development
Alpha Corporation
Joshua Rogove, President
Consolidated Risk Solutions
4:00 PM - 5:00 PM
Breakout Sessions [Repeated]
Learning Objectives:
1) Be aware of the rapidly changing SDI marketplace
2) Know how the carriers are changing the ways in which they evaluate and pay Direct Cost v. Indirect Cost claims and how to navigate this new coverage landscape
3) Review the importance of going back-to-basics with respect to claims handling, documentation and proofs (compliance with policy notice provisions, effective default strategies, and how subcontract language influences the scope of potential coverage)
4) Discuss how and the degree to which COVID-19 has affected subcontractor defaults and claims
Speakers:
Gregory Chertoff, Partner
Peckar & Abramson, P.C.
John Marsicano – CCA, CCP, CRIS
Director of SDI Claims and Financial Advisory Services
Construction N.A
Willis Towers Watson
Jeffrey Vita, Partner
Saxe Doernberger & Vita, P.C.
This panel will take a deep dive into the surety bonding needs of the construction industry. The discussion will provide an assessment of bonds as they are typically offered in today’s marketplace, including their strengths and shortcomings. Then, don’t miss your chance to hear a General Contractor, a large purchaser of bonding, and two Sureties — all members of the “ConsensusDocs Bond Form Working Group” — offer a case study and a path forward on how to establish common ground between the buyers of surety bonds and the needs of a surety for a reasonably writeable risk. The program will address issues commonly encountered in the claims process such as the right of self-help, remedy/mitigation using subcontract funds, and the timing of the surety’s response.
Learning Objectives:
1) Understand what a surety bond buyer is expecting when it makes a claim under a performance or payment bond
2) Understand why, although an “all risk” surety bond might be attractive in the market, such bonds would not be reasonably available in the market
3) Gain insight into the collaboration that produced a new set of bond forms to meet the current needs of the construction and surety industries
4) Discuss key provisions of the new ConsensusDocs bond forms
Speakers:
Robert Duke
Vice President and Surety Counsel
Markel Surety
Gregory Horne, AVP – Contract Surety Underwriting Officer
Liberty Mutual Surety
Robert Majerus, Vice President and General Counsel
Hensel Phelps Construction Co.
Kimberly Zanotta, Assistant Vice President & Counsel
Travelers Casualty & Surety Company
Learning Objectives:
1) Learn the definition of mass timber
2) Understand its history and future based on what is being incorporated into the 2021 IBC
3) Identify potential benefits and risks and of this construction type
4) Gain clarity on the challenges of insuring these projects
Speakers:
Cheri Hanes, CRIS, LEED AP
Senior Construction Risk Engineer, SDI
AXA XL, a division of AXA
Soyoung Lee
Senior Vice President
Arthur J. Gallagher & Co.
Michelle Luster
Risk Manager
Swinerton Incorporated
Graham Montgomery, PE, SE, Technical Director
Timberlab (a Swinerton Company)
Learning Objectives:
1) Discover advanced technologies in the market today
2) Learn of challenges and processes to deploy technologies on projects
3) Discuss ways to navigate unproven technologies
4) Identify strategies for collaborating across multiple companies on technology projects
5) Gain insights into technology market gaps and micro-segmentation of tech solutions
Speakers:
Rose Hall, Vice President, Head of Construction Innovation – North America Construction
AXA XL, a division of AXA
Dale Hendershot, Owner and Managing Member
Hendershot Consulting, LLC
Andrew Lindsey, Director of Applied Research & Development
Alpha Corporation
Joshua Rogove, President
Consolidated Risk Solutions
6:00 PM - 7:00 PM
Reception
Open to all attendees
Sponsored by:
Day Three
June 4, 2021
7:00 AM - 8:00 AM
Breakfast
Open to all attendees
8:00 AM - 9:15 AM
The Future of the Safety Professional
General Session
9:15 AM - 9:45 AM
Networking Break
Sponsored by:
9:45 AM - 10:45 AM
Breakout Sessions
Learning Objectives:
1) Provide current legal overview of most important decisions/issues affecting the risk profile and bottom line of General Contractors
2) Use the most recent decisions/issues to assist risk management to understand and manage the evolving risk facing the construction industry
3) Provide “real-time” tools to risk managers so they can recognize, and then reduce or mitigate the known risks
Speakers:
S. Elysha Luken, Partner
Smith, Currie & Hancock LLP
Ronald Robey, Partner
Smith, Currie & Hancock LLP
Learning Objectives:
1) Identify the major coverage parts of a current CPrL insurance program
2) Gain perspective on the CPrL marketplace
3) Learn how to identify the contractual pitfalls that impact CPrL insurance
Speaker:
Jeff Slivka, ARM, President, RT Environmental and Construction Professional
RT Specialty
The Department of Justice released its 2020 Year-End False Claims Act (FCA) update, and the statistics are eye-popping. The government and qui tam relators initiated the largest number of FCA lawsuits in a single year by a wide margin. This session will provide contractors and their bonding industry partners a recap of several hot button fraud issues facing the construction industry. Topics will range from recent agency efforts to thwart a contractor’s choice of appealing claims to the board of contract appeals; to warnings for those companies seeking forgiveness of loans under the SBA’s Paycheck Protection Program; to recent changes to the Mentor-Protégé Rules that may alter the way contractors or sureties weigh the risk of fraud in set-aside contracts; to an update on how the government seeks to hold sureties and bond producers liable for a contractor’s alleged FCA violations. The program will also include a discussion of how insurance policies respond to False Claims Act claims.
Learning Objectives:
1) Understand the breadth of government oversight of the construction industry, including recent efforts to extend False Claims Act coverage to bonding activities
2) Appreciate the importance of creating a compliant workplace atmosphere
3) Gain a more detailed awareness of higher risk undertakings and insurance products to target such risk
4) Learn to prevent fraud before it happens through hands-on management
Speakers:
William Boeck, Senior Vice President
Global Cyber Product and Claims Leader / US Financial Lines Claims Practice Leader
Lockton Companies
Tim Heffernan, Senior Partner
Watt, Tieder, Hoffar, & Fitzgerald, L.L.P.
11:00 AM - 12:00 PM
Breakout Sessions [Repeated]
Learning Objectives:
1) Provide current legal overview of most important decisions/issues affecting the risk profile and bottom line of General Contractors
2) Use the most recent decisions/issues to assist risk management to understand and manage the evolving risk facing the construction industry
3) Provide “real-time” tools to risk managers so they can recognize, and then reduce or mitigate the known risks
Speakers:
S. Elysha Luken, Partner
Smith, Currie & Hancock LLP
Ronald Robey, Partner
Smith, Currie & Hancock LLP
CPrL insurance continues to morph into more than just professional liability insurance. With the addition of rectification/mitigation, pollution liability, technology coverage, and faulty workmanship coverage, it has expanded well beyond the initial intent, which was providing liability insurance for negligent acts, errors or omissions of any type/size construction firm. This session will not only give perspective on what the current CPrL program should consist of, but will also cover the changing landscape of CPrL markets from capacity reductions to claims to persnickety contractual obligations impacting coverage.
Learning Objectives:
1) Identify the major coverage parts of a current CPrL insurance program
2) Gain perspective on the CPrL marketplace
3) Learn how to identify the contractual pitfalls that impact CPrL insurance
Speaker:
Jeff Slivka, ARM, President, RT Environmental and Construction Professional
RT Specialty
The Department of Justice released its 2020 Year-End False Claims Act (FCA) update, and the statistics are eye-popping. The government and qui tam relators initiated the largest number of FCA lawsuits in a single year by a wide margin. This session will provide contractors and their bonding industry partners a recap of several hot button fraud issues facing the construction industry. Topics will range from recent agency efforts to thwart a contractor’s choice of appealing claims to the board of contract appeals; to warnings for those companies seeking forgiveness of loans under the SBA’s Paycheck Protection Program; to recent changes to the Mentor-Protégé Rules that may alter the way contractors or sureties weigh the risk of fraud in set-aside contracts; to an update on how the government seeks to hold sureties and bond producers liable for a contractor’s alleged FCA violations. The program will also include a discussion of how insurance policies respond to False Claims Act claims.
Learning Objectives:
1) Understand the breadth of government oversight of the construction industry, including recent efforts to extend False Claims Act coverage to bonding activities
2) Appreciate the importance of creating a compliant workplace atmosphere
3) Gain a more detailed awareness of higher risk undertakings and insurance products to target such risk
4) Learn to prevent fraud before it happens through hands-on management
Tim Heffernan, Senior Partner
Watt, Tieder, Hoffar, & Fitzgerald, L.L.P.