Addressing Construction Defects and Failures
DISCLAIMER
Before purchasing, review the rules of your licensing or certifying entity. It is your responsibility to confirm this course meets your CE requirements. See the credit tab on the course page for details.
What’s Included: Full webinar recording, written course materials, expert instruction, a mandatory quiz, and a certificate upon completion.
Deliverability Timeline: All courses are generally available within 1-2 weeks after the live presentation.
CE Credits: AIA and/or LA/CES accreditation is available by request for courses recorded prior to March 11, 2026. All courses after that date include those accreditations by default, if applicable. With these accreditations, our courses qualify for credit in nearly all states for engineers, surveyors, architects, and landscape architects.
Learn more about the on-demand format in our FAQ or contact us at (715) 835-5900 or customerservice@halfmoonseminars.org
Agenda
Registration: 8:00 – 8:30 am
Morning Session: 8:30 am – 12:00 pm
Lunch (On your own): 12:00 – 1:00 pm
Afternoon Session: 1:00 – 4:30 pm
Evaluating Construction Defect Claims
What Constitutes a Defect?
Theories of liability
Breach of contract
Negligence
Theories of liability – breach of warranty
Theories of liability – other
Exploring Defenses to Construction Defect Claims
Contractual defenses
Immunity defenses
Statute of limitations
Economic loss rule
Exploring Defenses to Construction Defect Claims (Continued)
Exculpatory and indemnity clauses
• Background
• Exculpatory clauses
• Indemnity agreements
• Limitation of liability clauses
Insurance Issues on Construction Defect Claims
Insurance
• Professional liability insurance
• Commercial general liability (CGL) insurance
• Key differences between professional liability and CGL policies
• Insurer’s duty to defend
• Builders risk insurance
Resolving Disputes Generated by Defects and Failures
Contract language
Experts
Electronic discovery rules
Overview of ADR – alternative dispute resolution
Ethics Related to Construction Defect Claims
Applicable ethical rules
Identifying problematic situations
Hypothetical ethical situations – group discussion
Credits
Professional Engineers
6.5 Continuing Ed. Hours,
Including 1.0 Ethics Hour
Architects
6.5 HSW Contact Hours
6.5 AIA HSW Learning Units
Indiana Attorneys
6.5 CLE Hours
Contractors
Non-Credit Continuing Ed.
Continuing Education Credit Information
This seminar is open to the public and offers 6.5 continuing education hours/PDHs, including 1.0 ethics hour, to professional engineers and 6.5 HSW contact hours to architects in many states, including Indiana. HalfMoon Education is an approved continuing education provider for Indiana engineers. Architect continuing education providers and courses are not subject to preapproval in Indiana.
The American Institute of Architects has approved this course for 6.5 HSW Learning Units (Sponsor No. J885). Only full attendance can be reported to the AIA/CES.
Engineers and architects seeking continuing education credit in other states will be able to apply the hours earned at this seminar, in most cases. Refer to specific state rules to determine eligibility.
HalfMoon Education is an accredited CLE provider for Indiana attorneys. The Indiana Commission on CLE has approved the course for 6.5 CLE hours.
This seminar offers a non-credit continuing education opportunity to construction contracts. It has not been approved by any contractor licensing board for continuing education credit.
Attendance will be monitored, and attendance certificates will be available after the seminar for most individuals who complete the entire event. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.
Speakers
William Kelley
Drewry Simmons Vornehm, LLPPartner with Drewry Simmons Vornehm, LLPMr. Kelley, Jr. LEED AP, is a partner with Drewry Simmons Vornehm, LLP, and he focuses his legal practice in the areas of construction, real estate, and legal issues related to green building and sustainability. On the transaction side, he assists a wide range of clients with drafting and negotiating construction and design contracts, real estate purchase agreements, land contracts, and lease agreements. He also advises clients on due diligence, closing and title insurance issues. On the litigation side, Mr. Kelley represents design professionals, contractors, owners, developers and insurers with construction, professional liability, and real estate matters, ranging from pre-litigation claims, to loss prevention assistance, insurance coverage issues, mediation, arbitration, and litigation in state and federal court. He is a liaison to the American Institute of Architects (AIA) Documents Committee, and he is a former member of the Associated Builders and Contractors (ABC) National Green Building Committee.
Joseph Leone
Drewry Simmons Vornehm, LLPPartner with Drewry Simmons Vornehm, LLPMr. Leone is a partner with the construction law firm of Drewry Simmons Vornehm, LLP, where he focuses his legal practice in the areas of construction law and public contract Law. He represents all participants in the construction industry, including public and private owners, general contractors, construction managers, design-build contractors, trade contractors, and design professionals in drafting and negotiating contracts, providing general counsel, and in all types of performance and payment dispute resolution.
Prior to practicing law, Mr. Leone spent seven years as a project engineer/project manager for a large construction company in Indianapolis. He is a frequent author and speaker at various conferences and seminars on a wide variety of construction law topics both on the national and local levels. He is a member of the American Bar Association’s Forum on Construction Law and Section of Public Contract Law, the Indiana Bar Association where he is a past chair of the Construction and Surety Law Section, and the Associated General Contractors of America where he is a member of the Project Delivery Forum Steering Committee, and various ConsensusDocs contract drafting committees through the AGC Contract Documents Forum.
Thad Schurter
Thad Schurter Partner with Drewry Simmons Vornehm, LLP
Mr. Schurter focuses his practice on construction litigation. Having worked in construction for 10 years before becoming an attorney, he brings exceptional insight and technical experience to bear for his clients. He represents clients from across the full spectrum of the construction industry and provides counsel on design and construction defect claims, job site safety, personal injury and wrongful death claims, contract review, lien claims and payment security issues.