Risk 2018-08-24T15:28:29+00:00

Three-Part Construction Risk Management WebEd Series

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Construction Risk Management WebEd Series Summary

September 27, 2018 | October 4, 2018 | October 11, 2018 | Starting at 2:00 PM EDT

Learn how to protect your business from top construction risks – environmental contamination/spills, fraudulent email scams and subcontractor defaults – with advice from top industry experts. This WebEd series will help you identify the potential pitfalls and provide practical guidance on insurance, bonding and risk management for all of your construction projects.

Membership Status Single Session Rate Bundle Rate
AGC Member $79 $149*
Non-Member $99 $199*
*Price includes for all three Construction Risk Management WebEds

How to Identify Pollution Liabilities and Risk Transfer Solutions Throughout the Construction Life Cycle

Thursday, September 27, 2018 | 2 – 3 PM EDT

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Each phase of a construction project poses its unique set of challenges and exposures. Discovering contamination on the construction site, creating a pollution release on the job, or mismanagement of waste being disposed of offsite are all scenarios that can derail a project. Understanding potential pollution pitfalls upfront can impact the success of a project in terms of staying on budget and meeting timelines. This session is designed to help environmental managers and risk managers recognize the various pollution exposure they may face throughout the construction life cycle, provoke questions they should be asking of the owner/developer, and suggest mechanisms with which they can manage pollution risk either via insurance, their contracts or best practices.

By the end of this session, participants will be able to:

  • Describe potential pollution exposures associated with a jobsite
  • Know what questions they should be asking an owner/developer during the bid process
  • Understand coverage provided by a Contractor’s Pollution Liability policy
  • Understand the general value and shortcomings of indemnification, additional insured, and limitation of liability provisions in a contract

Sharon Burger, VP & Environmental Practice Leader, IMA Financial Group

Sharon joined IMA in 2013 as the Environmental Risk Executive and is responsible for the Environmental Practice. Sharon focuses on the design and placement of environmental risk management programs. Prior to joining IMA, Sharon served as Vice President, Environmental Risk Specialist at Lockton Companies and led Lockton’s Denver Environmental Practice for five years. She also served as an Environmental Risk Specialist for AIG where she underwrote and marketed a full suite of pollution liability products, focusing on large national corporations with revenues over $500M. In addition to her insurance expertise, Sharon brings 10 years of experience in environmental consulting and sustainability.

Sharon received her Bachelor of Science degree in Conservation Biology and Environmental Studies from the University of Wisconsin – Madison and her Master’s Degree in Environmental Sustainability from the University of Edinburgh.

She served on the marketing leadership advisory board of the U.S. Green Building Council (USGBC) until 2018, was a Fellow of the Kinship Conservation Institute, and served on the AGC of America Environmental Forum Steering Committee from April 2015-2018 (3-year term). In 2016, Sharon was an honoree of Denver Business Journal’s Top Women in Energy.

Dave Liverseed, PG, CHMM, CSP, Environmental Director, M. A. Mortenson Company

As the Environmental Director for M. A. Mortenson Company, Dave leads the company’s environmental program including efforts to identify, investigate, and mitigate environmental risks on construction projects throughout the company’s business lines. He has 24 years of professional experience working in roles as an environmental consultant, and as an internal environmental professional for a state department of transportation, and two North American construction companies. David’s qualifications include Professional Geologist, Certified Hazardous Materials Manager, and Certified Safety Professional. His environmental practice includes environmental risks such as: soil and ground water contamination, vapor intrusion, hazardous building materials, environmental compliance, storm water, wetlands, endangered species, air quality, and noise issues.

Dave is active in several professional organizations, including serving as a Director at Large for the Alliance of Hazardous Materials Professionals – North Star Chapter, and the Advisory Committee for Minnesota Brownfields.

Wire Transfer Fraud: Understanding and Insuring the Risk

Thursday, October 4, 2018 | 2 – 3:30 PM EDT

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In recent years, wire transfer fraud schemes have become increasingly common at all levels of business, and in all industries. Construction has not been immune. Although the insurance market for this risk is evolving, frequently there are misconceptions about available coverage, disagreements over claims, and, at times, contentious litigation. This program will review the common ways these events unfold, explore the typical coverage disputes, and identify strategies for securing proper insurance recovery.

Don’t miss this opportunity to hear the Federal Bureau of Investigation (FBI) perspective on Business Email Compromise. Learn how scams are used to conduct unauthorized transfers of funds – and find out the latest data and trends, per FBI reports. You will walk away with suggestions on self-protection and what to do if you are a victim.

Upon the conclusion of this session, participants will be able to:

  • Identify the most common wire transfer fraud scenarios;
  • Describe proactive measures to avoid or mitigate loss from fraudulent wire transfer;
  • Explain available wire transfer fraud insurance coverage options;
  • Apply effective strategies to obtain coverage for wire transfer fraud claims.

Greg Podolak, Partner, Saxe, Doernberger & Vita, P.C.

Gregory D. Podolak has spent his entire career advocating on behalf of policyholders and, over more than a decade, has handled issues involving all lines of coverage. Greg has extensive experience in strategizing risk transfer and assists his clients in all manner of concerns, from coverage placement and drafting contracts to complex litigation. His litigation practice includes successful arguments in courts in multiple jurisdictions, including a $40 million builder’s risk claim in Maryland federal court involving previously unsettled issues of law related to coverage for construction scheduling impact costs; a Florida Supreme Court case ruling that a notice of right to repair is a “suit” and placing the burden on insurers to show why the defense of such a process should not be provided; and a case before the New Jersey Supreme Court holding that damages caused by construction defects trigger CGL insurance.

Greg also leads the firm’s Cyber Risk concentration, advising clients in all industries facing exposure in this emerging market and, most notably, successfully argued on be- half of his client in a seminal case before the Connecticut Supreme Court involving a $6 million claim in data breach-related damages that may shape the future of available CGL coverage for cyber-related incidents.

In addition to an active practice, Greg frequently collaborates with national insurance brokerage firms and regularly speaks and authors articles on a variety of insurance coverage topics. He is the dedicated commentator on additional insured issues for the International Risk Management Institute (IRMI) Expert Commentary series. Greg has also been named as a Super Lawyers’ Rising Star for five consecutive years (2012 – 2017) and was a recipient of the 2015 Connecticut Law Tribune New Leaders in the Law award.

SSA James L. Abbott, Supervisory Special Agent, FBI Headquarters

Supervisory Special Agent James L. Abbott is currently assigned to the Money Laundering, Forfeiture & Bank Fraud Unit (MLFBU), a unit within the FBI Headquarters – Financial Crimes Section, which focuses on mitigating the money laundering facilitation threat, posed by both domestic and international money laundering networks. SSA Abbott is MLFBU’s current manger and point of contact for all Business Email Compromise (BEC) investigations, worked under a financial crimes program, throughout the country. In this capacity, SSA Abbott provides guidance to SSAs and Special Agents in all Field Offices and has worked jointly with Transnational Organized Crime units, as well as, Cyber Crime units to better address the threat of BEC from a national perspective. Prior to MLFBU, SSA Abbott was assigned to the Sacramento Field Office and the Boston Field Office. While in Sacramento as a Special Agent, he worked a variety of white collar investigations to include money laundering, mortgage fraud, investment fraud, corporate fraud, and fraud against the government, as well as, transnational organized crime and national street gang investigations. In Boston, SA Abbott was a member of the Boston Joint Terrorism Task Force and investigated money laundering and terrorism financing activities. SSA Abbott has a Master of Business Administration with a concentration in accounting, and has obtained certification as a Certified Fraud Examiner (CFE).

Dan Etzel, CRIS, Client Executive, Cobb Strecker Dunphy & Zimmerman

Dan grew up in construction which has led to his deep passion for the people and the industry he serves. He prides himself on getting personally involved in his client’s risk management process and figuring out the tools and people that are needed to make his clients world class. He looks well beyond providing the simple insurance transaction, and dives into every facet of his clients’ businesses to ensure proper risk identification and mitigation. Dan has been extremely involved with the construction industry, including Past President of the Twin Cities Construction Financial Managers Association, and Past Board of Director member of AGC of Minnesota. He was also one of the first in Minnesota to obtain the CRIS (Construction Risk Insurance Specialist) designation in 2006/07.

Subcontractor Bond Forms: The Terms, Conditions and Business Practices that Can Make a Material Difference in How Well Subcontractor Bonds Continue to Meet Industry Needs

Thursday, October 11, 2018 | 2 – 3 PM EDT

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This session will focus on the bonds that many general contractors continue to consider the best way to guarantee their subcontractors’ performance. In recent years, as construction projects have increased in size and owners have tightened schedules, shifted risk and increased their liquidated damages for any unexcused delays, some have questioned whether subcontractor bonds can continue to meet contractors’ business needs. This session will explore the bond forms and business practices that both promise and suggest that the answer is “yes.” As the speakers will explain, bond forms can authorize a significant measure of self-help without depriving sureties of their opportunity to investigate.

Courtney Walker, Senior Vice President of Surety, Berkshire Hathaway Specialty Insurance Company

Courtney Turnage Walker is a Senior Vice President of Surety for Berkshire Hathaway Specialty Insurance Company and has been in the surety industry for over 25 years with current responsibilities in underwriting, risk management and operations.

Ms. Walker has extensive experience in the underwriting and risk analysis for large construction projects, has developed Private Public Partnership (“P3”) bond forms and has spoken on the topic of P3’s as an alternative delivery method for construction. She also has extensive experience in surety claims, having been employed as outside counsel with a surety and fidelity law firm, a regional surety claims manager and surety claims counsel.

Ms. Walker is a graduate of Louisiana State University with a B.S. in Business Management and received her J.D. from the Western New England University School of Law in Springfield, MA. She is a member of the Louisiana and North Carolina Bar Associations and is a Co-Chair of the FSLC Construction Law Subcommittee of the American Bar Association Fidelity and Surety Law Committee.

Stan Halliday, CPCU, AFSB, Chief Underwriting Officer, Travelers Bond & Specialty Insurance

Stan has significant experience underwriting large complex contractors and projects, including underwriting most of the major infrastructure and building projects in North America over the last fifteen years. He began his Bond career with Aetna Casualty & Surety in Jacksonville, Florida where he spent one year in the training program. In 1988, he was transferred to Cleveland, Ohio, where he served in various capacities with increased responsibility within Aetna’s Bond Department. In 1996, Aetna’s Property & Casualty operations were merged with Travelers Property Casualty Corp. Shortly thereafter, Stan was transferred to Omaha, Nebraska as an Underwriting Director for Construction Services for the Minneapolis Hub. In 2003, Stan transferred to the Home Office in Hartford, CT to work in the Construction Services National Account Unit as an Underwriting Director and Regional Underwriting Officer. In 2012, he was promoted to his current role in Construction Services.

Stan graduated Summa Cum Laude from Old Dominion University, Norfolk, Virginia, in 1987.

Robert Majerus, Vice President & General Counsel, Hensel Phelps

Robert (Bob) P. Majerus joined Hensel Phelps in 2006 and serves as Vice President and General Counsel. He has overall responsibility for contractual and legal matters for the Greeley, Colorado-based organization. Prior to joining Hensel Phelps, Bob was a trial attorney for a private law firm.

Bob is a graduate of Georgetown University with a Bachelor of Arts Degree and has a Law Degree from the University of Notre Dame.

Bob is admitted to the Arizona, Washington and Alaska bar Associations. He is Chair of the Documents Committee of the Associated General Contractors of America (AGC) and is a member of the AGC Building Division Leadership Board.

To meet his strong pledge to give back to the community, Bob is actively involved in supporting local, regional and national organizations with a commitment of his time and personal contributions.

Stacy Hipsak Goetz, Regional Vice President – Midwest, Liberty Mutual Surety

Stacy has 17 years of surety claims experience. She began her career in surety as an associate in the surety & fidelity practice group of the Chicago law firm Tressler, LLP (formerly Tressler, Soderstrom, Maloney & Priess), representing several surety companies. She then took a position at CNA Surety as Surety Counsel before joining Safeco Insurance, which Liberty Mutual later acquired.

Stacy has presented at numerous surety conferences and seminars and she has co-authored articles on various surety-related topics and a chapter in The Law of Payment Bonds. In addition, she was an advisor on the Bond Default Manual (4th ed. 2015) and she co-chaired the DRI Roundtable in 2011 and the Construction Program for the American Bar Association’s Surety & Fidelity Law Committee’s Mid-Winter Meeting in 2017.

Stacy is a graduate of the University of California, Irvine (B.A. – Social Ecology) and DePaul University College of Law. Ms. Hipsak Goetz is a member of the Illinois bar and a member of the American Bar Association.