HOW TO HANDLE RESIDENTIAL CONSTRUCTION DEFECT CLAIMS
Live In-Person Seminar
ITEM #:  1041902301   |   EVENT CODE:  469500    |   CREDIT STATUS:  APPROVED
MEMBER PRICE
$245.00
STANDARD PRICE
$295.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.

IN-PERSON PASSHOLDERS:
You may use your Pass to register for the live simulcast at no charge.

MINNEAPOLIS

Tuesday, August 30, 2022

9:00 AM - 3:45 PM   |   Check-In:  8:30 AM

Minnesota CLE Conference Center

600 Nicollet Mall # 370

3rd Floor, City Center

Minneapolis, MN 55402

REGISTRATION IS OPEN FOR BOTH IN-PERSON AND ONLINE ATTENDANCE
If in-person attendance becomes unavailable, online access will automatically be available through your website account.
In-Person Passholders – You may use your Pass to register for the live simulcast at no charge.

COVID safety guidelines for this event may be found HERE.


How to Handle Residential Construction Defect Claims

Construction defect claims in residential construction are common. This seminar will outline the ins and outs of representing either an owner or a contractor, including common pleadings, typical motions, working with experts, ethical obligations, and how prepare a case for settlement.

Topics include:

  • Common Traps Associated with Construction Defect Claims
  • The Right to Inspect and Repair
  • Top Tips for Succeeding in Arbitration and Mediation
  • Common Coverage Exclusions Applicable to Construction Defect Claims
  • Ethics Discussion: Identifying the Client: Representing Insurance Companies and Builders in the Construction Industry
  • And More!

8:30 – 9:00 a.m.
CHECK-IN & CONTINENTAL BREAKFAST  - OR -  JOIN ONLINE


9:00 – 9:05 a.m.
Welcome & Introduction
– Jason C. Tarasek, Course Chair


9:05 – 10:05 a.m.
Common Traps Associated with Construction Defect Claims: Confusing Limitations Periods, Spoliation and More
Construction defect claims often involve a multitude of common law and statutory claims that implicate different limitations periods. Whereas common law “nonwarranty” claims accrue upon a plaintiff’s discovery of an “injury,” warranty claims accrue upon discovery of a breach of the warranty. Additionally, Minnesota Statute 327A imposes obligations upon owners and contractors. Furthermore, although owners typically want to immediately repair their problems, such action might doom their case. Learn how to use (and avoid) these and other traps that are unique to construction defect litigation.
– Mark S. Brown & Jason C. Tarasek


10:05 – 11:05 a.m.
Construction Defects and Disputes – Focus on the Right to Inspect and Repair
When a construction defect arises, tensions between the parties inevitably rise too. The builder is defensive. Their reputation is on-the-line. The project owner – whether a commercial developer or the owner of a new “dream home” – is upset. Their project did not go as planned. Among the first questions asked are (1) whether the owner has any warranty rights, and (2) whether the builder has the right to repair the defect, even if the owner would prefer not to allow the builder back on-site. Many times, both sides are quick to seek an amicable resolution to avoid a fight. Both sides want to complete the project and move on. Too often, however, the parties forget (or ignore) critical inspection and evidentiary preservation issues, which can create lasting repercussions in litigation if the defect is not remedied. This presentation will begin with a brief overview of construction warranties in Minnesota, followed by an in-depth discussion of a builder’s right to inspect and repair a defect, as well as the parties’ joint obligation to preserve evidence.
– Kyle W. Ubl & Mark W. Vyvyan


11:05 – 11:15 a.m.
BREAK


11:15 a.m. – 12:15 p.m.
I Thought I Had Insurance. Common Coverage Exclusions Applicable to Construction Defect Claims
In many construction defect claims, it is not always clear that the general contractors, subcontractors, and suppliers have insurance coverage for the claims. The speakers will help define an “occurrence” and other important terms when evaluating whether coverage exists. It will also explore the application of common exclusions, including: the “business-risk doctrine,” “your work” exclusion, “your product” exclusion and “recall” exclusion. It will also delve into different coverages that might be applicable to contractors, subcontractors, and those named as “additional insureds.” Finally, we will explore common anti-indemnity clauses encountered in Minnesota and elsewhere.
– Adina R. Bergstrom & Christopher H. Yetka 


12:15 – 1:00 p.m.
LUNCH BREAK


1:00 – 2:00 p.m.
The Unique Challenges of Homeowners Associations
Representing and defending against claims of homeowners associations presents challenges that are not encountered in the context of litigation involving single family homes. In particular, these cases implicate the Minnesota Common Interest Ownership Act (“MCIOA”), a Minnesota statute that creates duties and obligations beyond the common law. Notably, MCIOA includes a prevailing-party attorney fee clause that can dramatically shape the litigation and settlement negotiations. Additionally, MCIOA and an association’s governing documents may impose duties upon the association, including maintenance obligations, that are not present in the context of single-family homes.
– Benjamin J. Kirk & Jennifer A. Thompson


2:00 – 2:45 p.m.
Identifying the Client: Representing Insurance Companies and Builders in the Construction Industry
0.75 ethics credit applied for
Construction law is fraught with ethical risk for lawyers – present in complex party relationships, co-counsel arrangements, selecting and managing experts, and maintaining civility and professionalism when dealing with the opposition. This session will address the rules of professionalism through the lens of today’s top ethics issues confronting construction lawyers
– Kristine A. Kubes & Nicholas M. Ryan 


2:45 – 3:00 p.m.
BREAK


3:00 – 3:45 p.m.
10 Practice Tips for Successful Construction Arbitrations and Mediations
Alternative dispute resolution skills are the cornerstone of any litigation practice. This session will cover the most valuable methods for settling construction disputes in mediation and arbitration in a cost-effective manner.
– Matthew T. Collins

LIVE IN-PERSON
Tuesday, August 30, 2022
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
Minneapolis, Minnesota

LIVE SIMULCAST
Tuesday, August 30, 2022
Attend online

$245 MSBA members / $245 paralegals / $295 standard rate

Other discounts that may apply:

Scholarships available!
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or customerservice@minncle.org.

Minnesota CLE is applying to the Minnesota State Board of CLE for 5.5 CLE credits, including 0.75 ethics credit. The maximum number of total credits attendees may claim for this program is 5.5 credits.

Minnesota CLE also has applied to the Minnesota State Bar Association for 5.5 advanced real estate specialist credits.

MEMBER PRICE
$245.00
STANDARD PRICE
$295.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.

IN-PERSON PASSHOLDERS:
You may use your Pass to register for the live simulcast at no charge.

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