REGISTER BEFORE MAY 8 AND SAVE $300!Register online at www.lexpert.ca/cpdcentre

For more information, please contact Lexpert® Events at 1-877-298-5868

3RD ANNUAL CANADIAN CONSTRUCTION INSURANCE LAW: NEW WAYS TO MANAGE RISK AND AVOID LIABILITYConstruction projects and insurance policies go hand-in-hand. But it’s important to know what’s insurable, what’s not, and what to look for in purchasing and negotiating a policy. This course will cover the treatment of both kinds of risks in commonly-used construction contracts such as Builder’s Risk policies; Commercial General Liability policies, Bonds and Default Insurance; and in professional liability policies. You’ll also get a good look at the emerging and often-ignored data breach and privacy issues related to cyber liability claims.

A must-attend for anyone involved in construction projects who needs to understand the critical elements of relevant insurance policies.

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SPEAKERSCOURSE LEADERSSharon Vogel, Partner, Borden Ladner Gervais LLP David Miachika, Partner, Borden Ladner Gervais LLP

GUEST SPEAKERSDan Boan, Partner, Borden Ladner Gervais LLPBradley Freedman, Partner, Borden Ladner Gervais LLPLauren Kristjanson, Associate, Borden Ladner Gervais LLPGrant H. Mayovsky, Partner, Borden Ladner Gervais LLP Nolan Heuchert, Director, Wylie-Crump Limited

COURSE HIGHLIGHTS• Understanding a Policy of Insurance• Builder’s Risk Policies• Commercial General Liability Policies• Professional Liability Policies• Bonds and Default Insurance• Insurance From the Broker’s Perspective• Data Breaches and Privacy Claims

VANCOUVER, JUNE 8, 2015 • WEBINAR, JUNE 8, 2015

8:00 - 8:45 REGISTRATION AND BREAKFAST

8:45 - 9:00INTRODUCTION• Structures of the Construction Project, Delivery Models• Construction Risks and Allocation• Available Insurance Products

9:00 - 9:45UNDERSTANDING A POLICY OF INSURANCE• The Structure of a Policy of Insurance• Foundational Principles• The Distinction between First Party and Third Party Insurance• “Occurrence” and “Claims-Made” Policies• The Burden(s) of Proof• Named and Additional Insureds• The Principle of Subrogation

9:45 - 10:30BUILDER’S RISK POLICIES• Who is Responsible for Obtaining Builder’s Risk Coverage?• Who is Insured under a Builder’s Risk Policy?• The “All Risks “ Insuring Agreement• Physical Loss and Damage• Fortuity• Exclusions –Defects in Design/Workmanship• New case developments

10:30 - 10:45REFRESHMENT BREAK

10:45 - 11:30COMMERCIAL GENERAL LIABILITY POLICIES• Who is Responsible for obtaining a CGL Policy?• Who is Insured under a CGL Policy?• Insuring Agreement – Duty to Defend/Duty to Indemnify• What is Property Damage in Construction?• Typical Exclusions – Work/product and Water Ingress• What is Broad Form Coverage and why you want it?• Wrap-up Liability Endorsements

11:30 - 12:15PROFESSIONAL LIABILITY POLICIES• Who is Responsible for Obtaining a Professional Liability Policy?• Policy Limits & Limitations of Liability in Professionals Services

Agreements• Who is Insured – What are Professional Services?• Standards of Care• Exclusions – Water Ingress• Duties of the Insured – Disclosure, Notice, Cooperation

12:15 - 1:15REFRESHMENT BREAK

1:15 - 2:00BONDS AND DEFAULT INSURANCE• Types of Bonds• Nature of Coverage Afforded by Default Insurance• Coverage Overlaps and Gaps

2:00 - 2:45INSURANCE FROM THE BROKER’S PERSPECTIVE• Dual Role of the Broker• Advice prior to purchasing policies• Negotiations on policy language• Notification of claims• Advice during the Claims Adjusting

2:45 - 3:00REFRESHMENT BREAK

3:00 - 3:45DATA BREACHES AND PRIVACY CLAIMS• Liability arising from the use and misuse of data• Insurance Coverage for Cyber Liability• Risks for the Construction Industry

3:45 - 4:15QUESTION AND ANSWER

4:15 CONCLUSION

3RD ANNUAL CANADIAN CONSTRUCTION INSURANCE LAW NEW WAYS TO MANAGE RISK AND AVOID LIABILITY

REGISTER BEFORE MAY 8 AND SAVE $300!Register online at www.lexpert.ca/cpdcentre

For more information, please contact Lexpert® Events at 1-877-298-5868

PROGRAM OUTLINE

COURSE LEADER

COURSE LEADER

Sharon Vogel is a partner in the Toronto office of Borden Ladner Gervais LLP and Regional Leader of the firm’s International Construction Projects Group. Ms. Vogel was called to the Ontario Bar in 1993 with an LLB from the University of Toronto (1991). In 1996, she obtained her LLM from the University of Auckland in New Zealand. Ms. Vogel practises construction and surety law, working primarily on matters involving construction disputes relating to major projects including roads, railways, tunnels, mines, pipelines, industrial facilities, commercial buildings, and condominiums in various jurisdictions. She is the co-author, with Bruce Reynolds of A Guide to Canadian Construction

Insurance Law, Carswell, 2013. Sharon has been selected by peers for inclusion in the 2015 edition of The Best Lawyers in Canada; recognized in the 2015 edition of The Canadian Legal Lexpert® Directory (Construction Law); recognized in the 2014 edition of Legal Media Group’s Guide to the World’s Leading Women in Business Law; and has been peer review rated 4.6 out of 5 by Martindale-Hubbell® AV® Preeminent™.

SHARON VOGEL

DAVID MIACHIKA

David Miachika is a partner in BLG’sVancouver office. He practises exclusively in the area of construction, real estate and civil liability dispute resolution, including litigation, arbitration and mediation of construction claims, engineering/architect liability, builders’ liens, building envelope claims, LEED and environmental claims, insurance coverage, condominium and real property disputes, construction deficiency, delay and acceleration claims, surety and bonding, and HPO Warranties. David represents developers, purchasers, contractors, engineers, architects, suppliers, landlords, insurers, sureties, property owners, property managers and strata corporations in all levels of court in British Columbia.

From 2004 to 2008, David was Regional Leader of our Construction, Engineering, Surety and Fidelity Group in Vancouver. Prior to joining BLG, he worked for several major construction companies over a seven-year period as a project manager, engineer and superintendent on significant industrial, commercial, heavy civil and marine construction projects in British Columbia and Nova Scotia, including the Revelstoke Dam, Quintette Coal conveyor and Expo ‘86.

LAUREN KRISTJANSONLauren Kristjanson is an associate in the Vancouver office of Borden Ladner Gervais LLP. Lauren is focusing her practice on civil litigation with an emphasis on construction, insurance, surety, warranty, and engineering disputes. She acts for clients with respect to surety claims and coverage issues, guarantee

and indemnity claims, insurance coverage disputes, defective work and deficiency claims, insurance regulation issues, as well as home warranty claims and coverage issues.

NOLAN HEUCHERTNolan is a Director of Wylie-Crump Limited, and has been focused on servicing the insurance and risk advisory needs of the construction and design industry sector since 1994. As a former senior officer and construction practice leader for a large international insurance brokerage firm, Nolan has been engaged in a wide spectrum of complex domestic and international insurance programs as well as several Public Private Partnership (P3) projects in British Columbia, Alberta and Ontario. Nolan’s insurance knowledge and understanding of the construction industry is a highly valued client resource which is respected by owners, designers and contractors alike.

GRANT H. MAYOVSKYGrant Mayovsky is a partner in our Vancouver office. Grant focuses his practice on litigation and dispute resolution with an emphasis on construction, insurance, surety, warranty, creditors’ remedies, banking and fraud loss recovery. He has developed particular expertise in dealing with public/private

infrastructure claims, defective work and deficiency claims and related insurance matters, delay and productivity claims, building warranty claims, debt recovery, indemnity enforcement, and defence of claims against financial institutions and claims arising from mortgage fraud loss and bills of exchange.

DAN BOAN

Daniel is a partner in the Construction and PPIP Sector Groups of our Toronto office. His practice involves representing owners, hospitals, government, surety bonding companies, general contractors, developers, subcontractors, suppliers, design professionals, and condominium corporations with respect

to all manner of construction projects, infrastructure and alternative financing projects, litigation, alternate dispute resolution, drafting and negotiating contracts for hospital, industrial, and infrastructure projects, including P3s, engineering, and supply contracts. Dan represents hospitals, government, owners, developers, condominiums, general contractors, subcontractors, suppliers, and surety companies, with respect to issues relating to surety bond claims, construction contracts, construction liens, trust claims, delay claims, insurance, litigation, dispute resolution, and claims in negligence arising from the performance of construction contracts.

BRADLEY FREEDMANBradley Freedman is Vancouver Regional Leader of our Technology Law Group, and a partner in our national Intellectual Property and Information Technology groups. Bradley focuses his practice on technology, intellectual property, the Internet, electronic commerce, and related matters,

and is recognized as a leading lawyer in these areas of law by the foremost legal rankings publications. Bradley advises clients in negotiating, structuring and documenting transactions and business arrangements, and acts as counsel in litigation, arbitration and mediation. He has appeared before the Supreme Court of British Columbia, the British Columbia Court of Appeal, the Federal Court of Canada, the Federal Court of Appeal, the Trade-marks Opposition Board, and international commercial arbitration tribunals.

ACCREDITATIONLAW SOCIETY OF BRITISH COLUMBIAThis program has been accredited by the Law Society of British Columbia for 5.25 hours towards the professional development requirement for certification.

LAW SOCIETY OF UPPER CANADA (CPD)This program can be applied towards the 9 Substantive Hours of Continuing Professional Development (CPD) required by the Law Society of Upper Canada. Please note that this program is not accredited for Professionalism hours or for the New Member Requirement. Total hours 5.25

LAW SOCIETY OF NEW BRUNSWICKThis program has been accredited by the Law Society of New Brunswick for 5.25 hours towards the mandatory continuing professional development requirement.

LAW SOCIETY OF ALBERTAFor Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual Continuing Professional Development Plan as required by the Law Society of Alberta.

DATE(S) AND VENUE(S):VANCOUVER - June 8, 2015 – The Fairmont Waterfront Vancouver 900 Canada Place Way, Vancouver, BC, V6C 3L5 Telephone: 604-691-1991 Fax: 604-691-1999 www.fairmont.com/Waterfront

• Architects• Engineers• Contractors• Owners• Lenders• Insurance Brokers, Agents and Underwriters• Property Owners

• Developers• Municipalities• Claims Adjusters• In-House Counsel• Construction Lawyers• Insurance Lawyers

SPECIFICALLY DESIGNED FOR: Please make cheques payable to Lexpert Registration fee includes the course, materials, breakfast, lunch and coffee breaks. Substitutions are granted with notification to Lexpert Events.

If this brochure is undeliverable to the addressee, then please forward to a Senior Executive or Corporate Counsel. (GST Reg # 897176350)

*WEBINAR PRICE CLARIFICATION Please note, these prices are on a per-person basis. For payment of the price for one person, only one individual is allowed to be logged in, and viewing at a time. To inquire about Group Rates, please see the contact information below.

CANCELLATION AND REFUND POLICY:Full refunds, less a $250.00 (plus applicable taxes) administration fee, will be given for cancellations received in writing 10 business days before the course start date. Unfortunately, refunds cannot be provided after this date. Substitution of delegates may be made at any time. Please note that Lexpert reserves the right to cancel any course deemed necessary and will, in such an event, make a full refund of registration fees paid. For reasons beyond the control of the course organizer, it may be necessary to change the subject agenda of the program and no liability is assumed for any such changes in content.

CONTACT US:Web: www.lexpert.ca/cpdcentreCall: Toll free 1-877-298-5868 or (416) 609-5868Fax: (416) 609-5841 E-mail: register@lexpert.ca Mail: LexpertOne Corporate Plaza, 2075 Kennedy Road, 11th FloorToronto, ON, M1T 3V4Attention: Marketing Events

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