Blurred Lines: Smart Contracting & Minding Construction Gaps

Presenters: Wendy Testa, JD and John Podesta, JD

June 12, at 2 p.m. ET

Join us for an insightful presentation on how construction professionals can effectively identify and manage risk in today's evolving project landscape. 

As project delivery systems evolve and clients demand more value, construction professionals face unprecedented risk exposures. This webinar explores how these changes—along with expanding project roles and intensifying schedule and cost pressures—require a sophisticated approach to risk management. Our expert presenters will guide you through essential contract strategies and insurance considerations to help you become "risk savvy" in negotiating, drafting, and procuring appropriate coverage.

Key Takeaways:
Master key contract clauses as risk management tools
Compare risk profiles across different project delivery methods
Distinguish between traditional insurance and Controlled Insurance Programs
Identify critical "wrap gaps" that create liability exposure
Evaluate subcontractor default insurance versus performance bonds

 

 

Wendy Testa, JD

Partner and Co-chair, Design Professional and Complex Tort and General Casualty Practices 

Wilson Elser
 

Wendy Testa is a co-chair of Wilson Elser's design professional liability and complex tort & general casualty practices. She engages in defense and coverage litigation and provides comprehensive emergency response and risk management services nationwide in the areas of design and miscellaneous professional liability, construction/construction defect, and products liability. Specifically, Wendy engages in risk management for clients, which includes contract review, drafting, and negotiating; dispute resolution; and providing seminars and webinars on risk topics and trends. For the past 24 years, she has aggressively defended national clients in defense and coverage litigation related to construction, construction defect, products, design professional, and broker/agent claims. Wendy is a zealous advocate for the firm's global clients engaged in worldwide construction projects. She has successfully handled contractual and coverage disputes regarding risk transfer in various jurisdictions, including but not limited to Pennsylvania and New Jersey, on behalf of commercial and residential developers, contractors, design builders, project owners, design professionals, and insurers.

John Podesta, JD 

Attorney at Law 

Wilson Elser
 

John Podesta is a litigation attorney with over 34 years of insurance expertise, specializing in coverage disputes and bad faith claims related to construction projects. Licensed in California and Nevada, with case experience across multiple western states, he brings unique industry insight as a former claims supervisor and insurance investigator. His comprehensive understanding of insurance—from policy drafting through claims handling—enables him to effectively resolve complex coverage matters and defend against potentially crippling bad faith claims. As a member of the London market team representing international insurance clients, John leverages his expertise in commercial litigation, complex tort & general casualty, and contractual/extra-contractual liability to craft practical, bottom-line solutions for clients nationwide while maintaining a reputation for aggressive defense strategies and cost-effective settlements.