Construction Risk Management


Kenney Shelton Liptak Nowak, LLP (KSLN) recognizes the complexity of the issues and the high risk associated with building construction and has created a dedicated Construction Risk Management (CRM) practice committed to servicing the construction industry and its insurers. The CRM team finds solutions, contractual and otherwise, to reduce risk for its clients and contribute to a successful project. We seek to understand our clients’ strategic and project goals and to present alternative approaches as well the information needed to make an informed business decision. As unique as our clients are, so too are their respective definitions of a successful project. This insight informs our collaborative approach and poises us to help achieve successful outcomes.
Having experienced hundreds of claims and situations in which a poor contract contributed to significant expenditures of time and money, we believe it is critical that our clients understand the contract documents, their obligations and legal ramifications. We have unique experience in global industry contract formation and have negotiated and litigated contract issues in myriad project delivery types including public private partnerships, design build and integrated project delivery. KSLN has been at the forefront of contract negotiations from infancy through completion and understands what can go wrong from both a legal and process perspective and more importantly, can create sophisticated and highly effective contractual platforms for our clients. Serving as both external and in-house counsel to the construction industry and as litigator for insurers, our firm offers unique strategic guidance for insurers who desire counsel to monitor and advise with respect to construction related-claims, particularly those arising from professional liability. We have worked side-by-side with insurance carriers and experts around the globe to both diffuse and resolve complicated and multi-party litigation. Our attorneys have assisted municipalities, universities, healthcare systems, developers, builders and design professionals in modifying and negotiating their construction forms to reduce risk, better articulate their project objectives, and create better communication and project flow. Our attorneys have effectively provided guidance to balance financial and legal risk, assisting clients in the development of contracts that more accurately reflect their appetite for risk and take into consideration practical aspects of doing business in a highly competitive environment. We encourage and routinely propose proactive risk management strategies to avoid costly litigation. We also strive to foster an environment in which issues and claims can be identified and resolved quickly to keep a project moving, since time is money. Our team consists of highly successful trial attorneys who frequently write and lecture on the areas of contractual and risk allocation. Our risk management counsel results in considerable savings for clients, as they implement protocols that both prevent issues and improve documentation of potential risks. Our attorneys can lead or assist in contract negotiations. We have directed hundreds of mediations understanding that protracted litigation is a last resort. If litigation is unavoidable, our highly-skilled construction attorneys will litigate through arbitration or trial. We can direct myriad construction project claims including E & O, delay, payment and change order issues as well as New York State Labor Law actions. KSLN was founded as an insurance defense and coverage law firm and has achieved an outstanding reputation on both fronts. The CRM practice includes coverage attorneys with decades of sophisticated and high-exposure experience, much of which is related to construction. Directed by Judi Shelton and Tim Delahunt, our coverage group also serves as monitoring and panel counsel to a number of insurers. Our coverage attorneys provide analysis to carriers on a vast array of coverage questions, frequently litigating those disputes. They are well-versed in coverage-related 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 have provided services to a number of non-admitted carriers and directed risk transfer issues/disputes, including claims for additional insured coverage and routinely handle claims and issues arising under builders risk and permanent property policies as well as OCIPs and CCIPs. Judi and Tim provide underwriting and policy drafting advice to national and multinational insurers. We invite you to contact us to discuss your construction needs and concerns.

Construction Risk Management Team