CONSTRUCTION RISK MANAGEMENT
In recognition of the complexity and the high risk associated with building construction, KSLN created a dedicated Construction Risk Management (CRM) practice group committed to servicing the construction industry and its insurers. The CRM team finds solutions, contractual and otherwise, to reduce risk for its clients and help contribute to a successful project. Having experienced hundreds of claims and situations in which a poor contract or lack of proper insurance coverage contributed to significant expenditures of time and money, we believe it is critical that our clients understand their contract documents, obligations and legal ramifications. Our attorneys have effectively provided guidance to balance financial and legal risk, assisting clients in drafting contracts that more accurately reflect their appetite for risk and take into consideration practical aspects of doing business in a highly competitive environment. Proactive risk management strategies are offered to help avoid costly litigation. KSLN understands that time is money, and therefore provides quick and immediate assistance so that projects remain on schedule.
The KSLN Insurance Coverage Team (Construction) includes coverage attorneys with decades of sophisticated and high-exposure experience related to “all things construction” and serves as monitoring and panel counsel to a number of insurers. The team also counsels project owners, design professionals, general contractors and subcontractors on obtaining the appropriate insurance to reduce risk and meet contractual requirements, as well as assists with modifying and negotiating their construction forms to reduce risk. The team is also well-versed in coverage-related first-party and third-party claims under CGL and excess liability policies, construction defect claims including the standard “business risk” exclusions, applying non-standard liability policy provisions as proprietary defenses/limitations to construction-related exposures, continuous/progressive damage claims, and statutory liability for bodily injury. They routinely handle claims and issues arising under builders risk and permanent property policies as well as OCIPs and CCIPs. The team also provides underwriting and policy drafting advice to national and multinational insurers.
The KSLN Construction Defect Team represents project owners, developers, general contractors, subcontractors, construction managers, as well as design professionals. The team has experience in all aspects of construction-related litigation, including design and construction defects, design delegation issues, business interruption and non-payment claims and complex contractual disputes, involving a myriad of project delivery types such as design-bid-build, design-build and public private partnerships. This group quickly develops an understanding of the project and contract documents in order to identify key issues early, then proceeds to develop those issues into sound and efficient defense or prosecution strategies. The group also has in place an unparalleled network of industry professionals and reputable experts to draw from to assemble the right team—often the key difference in achieving a successful outcome. Given the volume of documents and multiple parties typically involved in construction defect disputes, the cost of construction defect disputes can easily spiral out of control, but our team offers streamlined and targeted approaches from the outset to help make the process more manageable and help protect the client’s bottom line.
The Construction Site Accident/NYS Labor Law Defense Team has decades of courtroom experience devoted exclusively to defending self-insured corporations, and insured clients against personal injury and workers’ compensation claims primarily arising out of accidents on construction sites. The team is well-versed in all aspects of legal issues related to and claims made under NYS Labor Law §§ 200, 240, and 241, as well as in the various risk transfer opportunities available to owners and contractors sued under those provisions. The team prides itself on staying ahead of the curve on the constantly changing (and often contradicting) state of the law pertaining to NYS Labor Law §§ 200, 240, and 241 claims. The team has a documented history of achieving excellent results in the trial courts and at all levels of the state appellate courts.