Using Your Contract as a Sword and a Shield:  Adjusting Your Risk Management Strategy When Battling Claims Related to Public v. Private Construction Projects

A well-negotiated contract can be a sword to a party proactively pursuing a remedy or risk transfer from another contracting party, and can effectively shield a contracting party from significant liability exposure that is not reasonably related to that party's involvement on a project. We will lead an interactive discussion about the significant differences in contractual risk management in the public versus private sector; how to minimize liability exposure when facing nonnegotiable terms; how and why certain risk has to be evaluated and accepted to win a public works project and how the risk management team - claims professional, broker and defense counsel - should adapt its strategy to handle various contractual disputes.


Denise Anderson, Construction Practice Group Leader, Butler Weihmuller Katz Craig Partner
Donna MacConnell, Senior Vice President, Managing Director Claims/Contractual Risk, IMA Group 
Wendy Testa, Partner, Co-chair of Design Professional and Complex Tort and General Casualty Practices, Wilson Elser Partner