You are invited to the inaugural International General Counsel Forum hosted by Lockton Companies at The Yale Club of New York. Experts from across the globe will gather for networking and learning in this unique forum hosted exclusively for General Counsels with architecture, engineering and construction firms.
The two-day forum will feature presentations on topics trending in the industry, round table discussions and a networking cocktail reception. Keep reading below for more information regarding the Forum. CLE credits will be offered to attendees.
All attendees are invited to join us at an off-site dinner following the cocktail reception. Click here to RSVP.
At this round table, we’ll focus on emerging legal risks for design professionals. We’ll explore a couple of new concepts regarding the legal duty of the design professional, and some strange new contract clauses that are cropping up in professional services agreements. Discussion topics will include (but are not limited to) the following:
Fiduciary Duty for Design Professionals. There are those who believe that design professionals should have a fiduciary duty to their clients because design professionals are members of a learned profession, like doctors, lawyers, and accountants. We’ll discuss this theory and its ramifications for design professionals and their firms.
Prevention through Design (PtD). The concept that design professionals should expressly consider the safety of those who will build the project as well as those who will ultimately own, occupy, and maintain it has gained traction in some sectors of the design community. Are firms adopting this idea, and how do GCs perceive and manage its risks?
Contract Madness. Lockton will share recent observations about contracts drafted by design firms’ clients, including some odd clauses that seem to be gaining traction, trends in insurance requirements and indemnity clauses, and much more. Participants are welcome to (but need not) bring their own examples for group discussion.
International Update – contracting globally, professional liability loss trends and jurisdictional challenges
The last 18 months have seen significant volatility in in the international business markets. From Britain “Brexiting” from the EU to economic slowdown challenges in China spreading into Australasia and beyond. These effects on the construction industry have seen several high-profile contractor insolvencies in the UK impacting the wider supply chain. Professional Liability claims severity has increased with major losses occurring on a systemic basis in Canada, Europe and Australia. At the same time, there is greater pressure on contract terms and conditions, and the courts in several jurisdictions are taking a very unfavorable view on liability against construction consultants. Outside of North America, the Professional Liability insurance market is ‘challenging’, with restrictions in insurer capacity and premium rate increases. This round table will focus on navigating out of this rather gloomy back-drop.
During this round table, we’ll cover current (and lingering) topics on coverage issues facing designers and constructors. Coverage issues and case law discussed may include “damage to your work”, coverage issues around “related” claims, current case law for late reporting, etc. Melissa Lesmes, head of Pillsbury's Washington, DC Litigation group and co-leader of the firm's Construction Counseling & Dispute Resolution practice, will lead this table topic. Melissa has substantial experience in construction defect litigation, having handled claims involving delay, design, defective products, mold, EIFS and Chinese drywall throughout the United States. She also has substantial experience in complex insurance coverage litigation, especially in claims involving builder's risk, CGL, subcontractor default, professional, pollution, commercial property, business interruption and other policies. Melissa routinely represents clients in contract negotiations and on matters concerning insurance and risk management issues that arise outside of litigation.
David Bresnahan is Executive Vice President of Berkshire Hathaway Specialty Insurance, responsible for the group’s Casualty, Healthcare Professional Liability, Surety, and Executive and Professional Lines Business. Prior to joining BHSI, he was President of Lexington Insurance Company.
He began his career in the insurance industry in 1990 with the Chubb Group and has held senior positions with New Hampshire Insurance Company and other AIG member companies. David holds a Bachelors of Arts degree in Economics from Boston College and a Masters in Business Administration from Boston University.
Paul Monte is Co-Managing Partner of Peckar & Abramson’s New York City office, a member of the firm’s Executive Committee, and leader of its infrastructure practice. Paul has 30+ years of experience in construction, public contract and infrastructure law. He has extensive trial, arbitration and appeals experience, successfully prosecuting and defending complex multimillion-dollar disputes. He also has significant transactional and project support experience on cutting-edge infrastructure projects, including design-build and public-private partnership (P3) projects.
In 2017, Paul was recognized by Chambers and Partners as one of the leading construction lawyers in New York. Paul has been awarded Martindale-Hubbell’s highest AV-rating. He has also been repeatedly recognized as a Super Lawyer in Construction Law and by Best Lawyers in America.
Mick is Co-founder and Managing Principal of Morrissey Goodale, a consulting and research firm that serves the AEC Industry, from offices in Boston, Denver, Houston and Chicago. For the past 25 years, he has been providing strategic advice to AEC firm leaders. He has advised on more than 200 AEC industry M&A transactions.
Mick received an MBA from the Carroll School of Management at Boston College in 1994 and a BS in Civil Engineering from University College Dublin in 1986. He is a graduate of Belvedere College in Dublin, Ireland. He is a lifelong Liverpool FC fan and was in the stands when Ireland beat the All Blacks in 2015 AND 2018.
Said’s focus is on digital innovation and new technologies to help Lockton Associates transform how they deliver best-in-class strategic solutions for clients. He is an expert in leading change and creating technology innovations that improve the customer experience.
Prior to joining Lockton in June 2018, he was senior vice president and chief
information officer for AF Group, a leading workers' compensation insurance
organization. Said has more than 10 years of experience in the insurance
industry, delivering huge impact for industry leaders including XL Group and
Zurich North America. He also spent six years with Accenture leading large
personal and commercial carrier transformations.
Paul Zofnass is President of the Environmental Financial Consulting Group (EFCG), a firm he founded in 1990 to provide strategic and financial advice to the environmental and infrastructure engineering/consulting (e/c) industry. EFCG currently serves as a retained adviser to 40 plus major e/c firms, working primarily with their CEOs. EFCG has served as an adviser to more than 200 e/c firms over the past 30 years.
Paul is an alumnus from Harvard College, Harvard Law School and Harvard Business School. He spent 5 years at Citibank, and 14 years at Oppenheimer, where he was a Managing Director in Corporate Finance, before founding EFCG.
As a guest of the 2019 International General Counsel Forum, we are happy to book a room on your behalf at The Yale Club of New York in Lockton's room block. When registering, please indicate whether or not you plan to stay at The Yale Club and your reservation preferences.
Reservation method: If you selected the option to have Lockton book a room on your behalf, Lockton will reserve a room for you at The Club. We will reach out to confirm your check-in and out date along with room preference. If you selected that you plan to handle your accommodations personally, you may reach out to The Club 24 hours/day at 212.716.2100 and let them know you are a guest of Lockton Companies.
Room options: Standard queen room for $290/night or superior king room for $310/night.
Check-in and check-out: Lockton's room block is guaranteed for check in at 3:00 p.m., on Sunday, April 7, and check out at 12:00 p.m., on Tuesday April 9. Should you wish to reserve a room for extended dates before or after the Forum, The Club will be able to accommodate as long as they have availability.
Billing arrangements: Room rate, tax and incidentals will be your responsibility. The Yale Club accepts American Express, MasterCard, Visa and wired payments. They do no accept Discover Cards.
Guaranteed reservations: Your room must be reserved by March 22 in order to ensure availability and price.
Cancellation policy: Cancellations for guaranteed reservations will be accepted by The Club up to 48 hours prior to arrival. Please be sure to notify Lockton or The Club as soon as possible in the event of a cancellation.
