Contractual Defence and Developments in Construction Claims

Date Recorded: June 12, 2017


Steve Panciuk, P.Eng.

National Engineering Lead, Marsh Canada Ltd.

Steve Panciuk is the National Engineering Professional Lead in Marsh Canada Limited’s National Construction Practice. In this role, he specializes in developing and implementing the national strategy for large design firms and single project errors and omissions in Canada. Steve also manages Marsh’s relationships with several provincial and national engineering associations. Stephen has a broad background in engineering, with a civil engineering degree from Queens University and 5 years experience in the heavy civil construction industry. Before joining Marsh in January of 2016, Steve worked on the insurance carrier side of the business in both claims and underwriting for 18 years. In this role, he was responsible for managing large, complex professional liability accounts. Stephen is a frequent speaker at conferences and annual general meetings for various associations. In addition to being a member of the Association of Consulting Engineering Companies’ contracts committee, Steve also sits on the Consulting Engineers of Ontario’s Business Resiliency Committee.

Brian Rhodes, LLP

Partner, Dolden Wallace Folick

Mr. Rhodes is a partner at Dolden Wallace Folick LLP and practices exclusively insurance law. He has appeared as counsel at all levels of court in British Columbia and Alberta, as well as the Ontario Superior Court. Brian’s practice has a particular emphasis on construction law, professional liability, and product liability. Mr. Rhodes has defended municipalities, developers, warranty-providers, and all manner of construction site participants including roofing contractors, electrical contractors, insulation subtrades, railing installers, masonry contractors, and component manufacturers in numerous multi-party actions. Defence of the actions involved liaising with experts for the purpose of assessing potential liability, quantifying the claim against the insured and developing a defence strategy that would allow for efficient resolution of the action.

Daniela Fuda, Esq.

Specialty Lines Complex Director, Berkley Canada

A lawyer by training, Daniela joined Berkley Canada in 2016 and is a Director in the Claims group, working on complex claims arising out of Berkley's specialty lines products, which includes errors and omissions, directors and officers, technology and cyber, lifesciences, employment practices, and environmental. Prior to joining Berkley in 2016, Daniela practised as a lawyer in New York for 11 years, representing insurance carriers and acting as coverage and monitoring counsel. Daniela is a standing member of both New York and Connecticut bars.

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