Areas of Practice
INSURANCE COVERAGE
Insurance coverage is a central piece of real estate development and various other business enterprises. The insurance market for real estate often consists of off-shore surplus-lines, non-admitted insurers with varying policy forms and a multitude of exclusions designed to allow the insurer to avoid having to pay for the very risk the insured sought to cover in the first place. Interpretation and negotiation of policy language is critical to enhancing coverage for real estate projects during the course of construction and after construction is completed. If you don't ask for crucial modifications when purchasing insurance, you may not get them. Why spend large amounts in premiums when you are not getting the maximum coverage available? Ms. Lynch has successfully assisted numerous developers in negotiating favorable coverage in the insurance marketplace, adding immense value to the projects.
CONSTRUCTION DISPUTES
Knowing how to interpret and apply construction contract provisions in a developer's defense can be outcome determining in a construction dispute. Proper selection and implementation of construction and design experts during litigation is also essential. Ms. Lynch has vast experience helping developers with construction disputes, whether with contractors, subcontractors, homeowners or homeowner associations in attaining favorable resolution through mediation and other dispute resolution procedures, often without the need for time-consuming and expensive litigation.
DEVELOPER RISK MANAGEMENT
In addition to mitigating risk through purchasing insurance with the most favorable policy terms available in the marketplace, there are many ways a real estate developer can minimize and shift its liability risk burden. Proper engagement and use of quality control consultants during the course of construction helps avoid faulty work that often leads to construction defect litigation. Risk transfer provisions, disclosures and maintenance obligations included in consumer sales documentation can shift the liability risk away from the developer. The use of mediation and alternative dispute resolution procedures help avoid time-consuming and expensive litigation which can drain valuable insurance resources. Proper sales education and training can be instrumental in avoiding costly misrepresentation lawsuits, often not covered by insurance.
DISPUTES WITH INSURERS
Insurance plays a key role in resolving disputes between parties involving a multitude of subjects. Ms. Lynch's extensive knowledge of policy forms for over more than twenty years of practice give her a strategical advantage in policyholder disputes with insurers at every step of a claim. In her early career, Ms. Lynch represented a wide variety of insurers and is intimately familiar with the strategies employed by insurers during claims handling, mediation, litigation and ultimate claim resolution. Throughout her career, Ms. Lynch has represented policyholders in a wide array of coverage disputes, involving real estate development and construction, general business matters, food industry and environmental issues. She works behind the scenes to resolve coverage disputes with the insurer that, left unsettled, may hinder early resolution of claims. Ms. Lynch knows how to protect an insured's rights from the inception of a lawsuit to its conclusion.
CONSTRUCTION CONTRACTS
Negotiating effective and enforceable indemnity and insurance provisions in agreements between the developer/owner and general contractor, as well as those between the contractor and its subcontractors, is an important risk mitigation component of construction projects. In an area of ever-changing law, it is critical to update and enhance these contract requirements to ensure your contracts are enforceable and maximize risk mitigation potential. Most insurers condition coverage on the developer including sufficient indemnification and insurance requirements in its construction and design professional contracts. Failure to include these provisions can result in a costly battle with the insurer, additional premium and, in severe cases, a forfeiture of insurance coverage. In addition, making sure all written agreements in a construction dispute -- the homeowner purchase and sale agreement, CC & Rs, as well as the construction agreements – have the same dispute resolution procedures drastically reduces the expense of litigating such disputes before separate triers of fact, as well as preserving precious insurance limits.