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SESSION FULL--BRAVE NEW LEGAL WORLD FOR DESIGN PROFESSIONALS
INTERNATIONAL UPDATE – CONTRACTING GLOBALLY, PROFESSIONAL LIABILITY LOSS TRENDS AND JURISDICTIONAL CHALLENGES
The last 18 months have seen significant volatility in in the international business markets. From Britain “Brexiting” from the EU to economic slowdown challenges in China spreading into Australasia and beyond. These effects on the construction industry have seen several high-profile contractor insolvencies in the UK impacting the wider supply chain. Professional Liability claims severity has increased with major losses occurring on a systemic basis in Canada, Europe and Australia. At the same time, there is greater pressure on contract terms and conditions, and the courts in several jurisdictions are taking a very unfavorable view on liability against construction consultants. Outside of North America, the Professional Liability insurance market is ‘challenging’, with restrictions in insurer capacity and premium rate increases. This round table will focus on navigating out of this rather gloomy back-drop.
UPDATE ON THE LEGAL LANDSCAPE OF INSURANCE COVERAGE MATTERS
During this round table, we’ll cover current (and lingering) topics on coverage issues facing designers and constructors. Coverage issues and case law discussed may include “damage to your work”, coverage issues around “related” claims, current case law for late reporting, etc. Melissa Lesmes, head of Pillsbury's Washington, DC Litigation group and co-leader of the firm's Construction Counseling & Dispute Resolution practice, will lead this table topic. Melissa has substantial experience in construction defect litigation, having handled claims involving delay, design, defective products, mold, EIFS and Chinese drywall throughout the United States. She also has substantial experience in complex insurance coverage litigation, especially in claims involving builder's risk, CGL, subcontractor default, professional, pollution, commercial property, business interruption and other policies. Melissa routinely represents clients in contract negotiations and on matters concerning insurance and risk management issues that arise outside of litigation.
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