Sara Bryant, Partner and member of the Construction Industry Team at Harris Beach Murtha, will co-present a CLE for the Massachusetts Bar Association titled “Construction Mediation: Defect Claims, Casualty Claims and Coverage Disputes.” A description of the session is below:
Construction disputes are uniquely complex, often involving overlapping contractual obligations, statutory claims and insurance coverage issues that can derail projects and strain business relationships. They pose challenges for mediators as well as counsel. This practical skills program will focus on effective mediation techniques for neutrals as well as strategies for counsel in resolving construction matters in Massachusetts. The program will emphasize the most common issues and obstacles faced by mediators, attorneys, contractors, developers and insurers.
Topics will include mediations involving:
- Multi-party claims
- Coverage and risk allocation issues, including indemnity provisions, additional insured disputes, multiple-policy scenarios and resulting damage claims
- M.G.L. c. 142A claims
- Private mechanics’ liens
- Contractual claims processes and notice requirements
- Public payment and performance bonds
- Construction site bodily injury and property damage claims
- Statute of repose issues and liquidated damages
- Prompt Pay Act and Retainage Act disputes
Attendees will gain insight into key leverage points, common mediation pitfalls, and best practices for mediators and counsel in positioning cases for early and efficient resolution.
A networking reception will follow immediately after the program.