News & Insights

Risk Transfer for High Exposure Construction Cases 

October 4, 2017

Keith Smith, a risk management and litigation expert from WSHB, joins a CLM panel to explore “Risk Transfer for Complex Construction Cases” on October 10, 2017 at 2:30 p.m. in San Diego, California. Smith joins other thought leaders in the construction industry, including David Blau, Henrietta Hinojosa, John Toohey and Ralph Woodard.

“Changing laws and policy language conflict and create new battlegrounds, complicating efforts to transfer the risk presented by high exposure construction cases. We will examine and discuss the interplay between contractual indemnity and insurance policy coverage,” said Smith,  a partner in WSHB’s Riverside office.  “The discussion will also center on indemnity and defense obligations, the Crawford decision, and additional insureds.”

Key takeaways will include: How to properly identify an indemnity provision and its impact;

  • How to properly identify an indemnity provision and its impact;
  • How to properly identify and trigger a defense obligation through the indemnity provision; and,
  • How to utilize and leverage an indemnity and defense obligation to protect your insured/client.

Smith is nationally acclaimed for his work with construction industry clients from project inception to completion, including contract preparation and negotiation, requests for proposals, risk management and counseling during construction, and resolution of construction claims in mediation, arbitration and trial. This work includes risk management and litigation on projects in excess of $1 billion, including a hotel and casino on the Las Vegas Strip, new schools and classrooms for public and private institutions, sports facilities, water treatment facilities, hospitals, residential tract homes and high-rise condominiums. He represents school districts and public entities in all facets of litigation and risk management pertaining to their construction programs, including representation of the largest community college district in the nation and the implementation and administration of its $6 billion construction bond program.

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