Contractual Issues & Legal Pitfalls Related to Building Enclosures

Paul E. Sperry, Attorney-at-Law
Partner – Carlock, Copeland, & Stair
1.5 AIA LU’s (HSW/SD) – Continuing education credit is available for architects, building officials, and others.

The Program

Messrs. Sperry, Norris, and Winton will present a program in three parts on contractual issues and common legal pitfalls related to the building enclosure:

• Mock Mediation: Can’t We All Just Get Along?
• The three presenters will play the roles of a contractor/developer, subcontractor, and architect involved in a dispute, covering issues such as these: ABC Architect signs pay apps without performing CA; Big Bully Contractor/Developer provides limited supervision of subcontractors and is only interested in bottom line; and Fly By Night Subcontractor installs windows, Tyvek, brick veneer and flashing without review of plans and specs. The team will demonstrate how the failings of all parties descend into a Blame Game and then explore lessons learned.
• Green Building and Potential for Litigation Involving Building Enclosure
• Paul, Patrick, and Tyler will give an overview of the legal risks of Green Building associated with the enclosure. They will reflect on the validity of laboratory tested versus time tested approaches in evaluating the merit of new Green products. Their presentation will include a review of Green law-related websites.
• Common Insurance Policies and Typical Coverage Provided for Claims That Relate to The Building Enclosure
  The presenters will explore insurance aspects related to building enclosure. They will compare and contrast polices carried by contractors, subcontractors, and architects. For contractors, Issues include occurrence driven policies, multiple exclusions and coverage issues, no consent to pay, and Crossmann decisions. For design professionals, Issues include claims made policies, getting a tail!, hammer clauses, and the relationship between deductibles, balance, and typical lawsuits.

About Our Presenters

Paul Sperry

Paul concentrates his practice on construction litigation matters, and has represented design professionals, contractors, subcontractors, material suppliers and owners in lawsuits involving construction related disputes. He also provides non-litigation support for construction clients, including contract review and advice related to payment and industry issues. Paul has taught seminars on a wide variety of construction law topics, including mechanical liens, delay claims and construction contract clauses. His education includes University of South Carolina, J.D., 2000; George Washington University, B.A. International Studies, 1996.

Patrick Norris

Patrick is an Associate in the Charleston office. He attended Clemson University where he received a degree in financial management. At Charleston School of Law, Patrick served as Research Editor of the Charleston Law Review and received numerous honors, including CALI Excellence for the Future Awards for Legal Research and Writing, Contracts II, Domestic Relations, and Damages. Patrick has had several articles published, including a piece on defamation law which was the cover story in the September 2009 issue of South Carolina Lawyer magazine. Patrick comes to Carlock Copeland with a diverse background, including extensive experience in the financial and entertainment industries. His education includes Charleston School of Law, J.D., 2009; Clemson University, B.S., 1998.

Tyler Winton

Tyler is an Associate in the Charleston office where he concentrates his practice in the area of construction litigation, including the representation of contractors, subcontractors, design professionals, material suppliers and owners in lawsuits involving construction related disputes. Additionally, Tyler offers non-litigation support for construction clients providing advice related to payment and industry issues, as well as reviewing contracts in an effort to prevent litigation disputes from arising in the future. Prior to joining the firm, Tyler practiced law at a well-respected litigation boutique in Columbia, S.C. Working in Columbia, Tyler specialized in the areas of commercial litigation and business dispute resolution where he focused primarily on complex commercial litigation and the efficient resolution of commercial disputes. His education includes University of South Carolina School of Law, J.D., 2008; Editorial Board, Southeastern Environmental Law Journal; Vanderbilt University, B.S., 2005.

Seating is first come first served. Q&A session will follow presentation.