Construction Law

Construction Defects: The Complete Guide for Attorneys

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
OnDemand
5 hours 58 minutes
Raychel Camilleri
Lucas Ude
David Lowe
With Raychel A. Camilleri from Coffey Modica LLP + 2 others
Recorded September 03, 2025.
Product ID 100810

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Overview

Discover the Key Elements That Can Make or Break a Construction Defect Case

What makes a "defect" legally actionable? Who is liable - contractors, design professionals, or another party? What insurance policies and exclusions often come into play in construction defect claims? Get answers to these questions and more by joining our experienced faculty for a 6-hour deep dive on construction defects. Expand your expertise - register today!

  • Learn to recognize the different types of construction defects.
  • Anticipate how indemnity and limitation of liability clauses shift responsibility.
  • Discover limits on defects coverage in different types of insurance policies.
  • Get practical tips for investigating construction defects and evaluating their root cause.
  • Uncover effective questions to ask during construction and design expert depositions.
  • Know what the claim is worth: learn how to accurately calculate damages for defects.

Abbreviated Agenda

  1. Anatomy of a Construction Defect
  2. How Indemnity Provisions and Other Contract Clauses Impact Liability
  3. Insurance Coverage for Construction Defects
  4. Experts and Discovery in Construction Defect Cases
  5. Defect Investigation, Claims, and Defenses
  6. Damages for Construction Defects

Related Topics

Product ID 100810

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Anatomy of a Construction Defect

    1. What Constitutes a "Defect"?
    2. Types of Construction Defects
    3. Applicable Laws and Standards
    4. Statutes of Limitations/Statutes of Repose

  2. How Indemnity Provisions and Other Contract Clauses Impact Liability

    1. Scope of Work, Time Limits, and Deadlines
    2. Indemnity Provisions and Limitation of Liability
    3. Warranties and Insurance
    4. Flow-Down Provisions and Subcontractor Default
    5. Dispute Resolution Provisions
    6. Change Orders
    7. Termination Clauses

  3. Insurance Coverage for Construction Defects

    1. Commercial General Liability Policies
    2. Additional Insured Provisions
    3. Builder's RIsk Insurance
    4. Professional Liability Insurance
    5. Occurrence vs. Claims-Made Policies

  4. Experts and Discovery in Construction Defect Cases

    1. Selecting and Working With Design and Construction Experts
    2. Reviewing Expert Reports
    3. Depositions: Key Questions to Ask
    4. Discovery Request Tips
    5. Subpoenas to Material Suppliers and Prior Contractors
    6. Site Inspections

  5. Defect Investigation, Claims, and Defenses

    1. Investigating Construction Defects
    2. Identifying the Root Cause: Design Flaw, Poor Workmanship, or Faulty Materials?
    3. Legal Basis for Claims: Breach of Contract vs. Negligence vs. Warranty Violations
    4. Defenses in Construction Defect Cases

  6. Damages for Construction Defects

    1. Scope and Severity of the Defect
    2. Repair or Replacement vs. Diminution in Value
    3. Lost Profits
    4. Loss of Use and Delay Damages
    5. Reduction of Damages for Failure to Mitigate or Maintain Property
    6. When Emotional Distress or Punitive Damages May be Sought

Who Should Attend

This program is designed for attorneys. Construction and design professionals, insurance professionals, and paralegals may also benefit.

Speakers

Raychel A Camilleri
Raychel A.
Camilleri
Coffey Modica LLP
Lucas J Ude
Lucas J.
Ude
Watters Wolf Bub Hansmann
David A Lowe
David A.
Lowe
Keegan, Juban, Lowe & Robichaux, LLC
Speaker bio
Raychel A Camilleri

Raychel A. Camilleri

Coffey Modica LLP
Raychel Camilleri

is an attorney with Rosenberg & Estic, P.C. She is an accomplished trial lawyer sought for her experience and success in defending complex, high-exposure litigation. Ms. Camilleri manages client exposure and contains costs either by alternative dispute resolution or trial by jury when necessary. She focuses her practice on construction defect litigation, products liability, labor law, and commercial matters. Ms. Camilleri also represents clients in appellate proceedings before the New York State Appellate Division, First and Second departments. She regularly advises clients pre-litigation through accident reconstructions and investigations. Ms. Camilleri earned her B.A. degree from Bucknell University and her J.D. degree from Western New England University School of Law.

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Speaker bio
Lucas J Ude

Lucas J. Ude

Watters Wolf Bub Hansmann
Lucas Ude

is a trial lawyer that concentrates his trial practice in defending his clients in high stakes and complex class actions, construction litigation, insurance coverage and insurance bad faith litigation. He has successfully defended clients in lawsuits throughout Missouri, Illinois and Kansas and successfully represented clients in the filing of Declaratory Judgments and Interpleader actions to obtain timely resolutions of contested coverage and damage issues. The foundation of Mr. Ude's success is his thorough preparation and straight forward approach both in the court room and in recognizing and briefing dispositive legal issues involved in complex litigation. He earned his B.S. degree Southern Illinois University and J.D. degree, cum laude, from Saint Louis University School of Law. 

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Speaker bio
David A Lowe

David A. Lowe

Keegan, Juban, Lowe & Robichaux, LLC
David Lowe

is a partner with the law firm of Keegan, DeNicola, Kiesel, Bagwell, Juban & Lowe, LLC, where he focuses his practice in civil litigation, insurance bad faith, corporate matters, employment law, personal injury, and successions. Mr. Lowe is admitted to practice before all state and federal courts in the state of Louisiana, and has been admitted to practice pro hac vice before multiple federal courts in other jurisdictions. He has argued multiple cases before the U.S. Court of Appeals for the Fifth Circuit Court. Mr. Lowe is a member of the Baton Rouge, Louisiana State, Federal and American bar associations. He earned his B.A. degree from the University of Southwestern Louisiana and his J.D. degree from Louisiana State University.

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