Construction Defects, Claims, and Risk Management
SPEAKERS: Benjamin Warden and Anna Spicer (Duane Morris)
This program provides construction and design professionals with practical legal insight into construction defects, claims, and dispute prevention across a wide range of project types. Presented from the perspective of a construction and commercial litigation attorney, the session will examine common issues that lead to disputes, key considerations for project teams, and best practices for managing risk from project inception through closeout. Attendees will gain a broader understanding of how project decisions, communication, and recordkeeping can influence legal exposure and will leave with actionable strategies to strengthen risk management throughout the project lifecycle.
Learning Objectives:
- Identify common causes of construction defect claims and disputes involving owners, design professionals, contractors, and subcontractors.
- Recognize critical contract provisions that affect risk allocation, liability, standard of care, indemnification, and dispute resolution.
- Understand the importance of effective project documentation and recordkeeping practices, including daily reports, correspondence, and other project records.
- Review current legal trends and recurring claim patterns related to building enclosures.
Speaker Bios:
Benjamin Warden is an advisor and problem solver whose practice centers around complex commercial litigation, with a focus on counseling companies in every facet of the construction industry. Ben represents owners, developers, general contractors, subcontractors, and design professionals in both public and private projects, including one of the largest, nationwide civil engineering and architecture firms.
While Ben’s primary focus is litigating and arbitrating disputes on large-scale construction projects, he is also heavily involved in the negotiation and preparation of construction and design contracts, including AIA, Consensus, and EPC agreements. Ben’s clients build hospitals, airports, multi-family and mixed use developments, highways, waterways, public infrastructure, natural gas and energy plants, and industrial parks and warehouses, to name a few.
Ben has successfully represented his clients across the country in state and federal court, and before tribunals of arbitrators—successfully trying multiple cases to jury verdict and final awards in arbitration.
Ben appreciates the distinction but equal importance of his role as a counselor vs. advocate, and works closely with clients to help them make informed business decisions about legal costs and the potential risks and recovery of litigation. Ben aggressively prosecutes and zealously defends his clients’ interests, be it through settlement or at trial.
Ben has been named as a Best Lawyer, Ones to Watch every year since 2022 and a Super Lawyer by Thompson Reuters since 2023. Ben also serves as the Chair of the Tarrant County Bar Association and in his free time enjoys traveling the world to ski.
https://www.duanemorris.com/attorneys/benjaminwarden.html
Anna Spicer is an associate in the firm’s Trial Practice Group. Her practice focuses on commercial litigation and construction, where she represents both owners and contractors in disputes arising from construction projects. Ms. Spicer also has experience drafting and reviewing construction contracts, including agreements governing project scope, risk allocation, and dispute resolution.
Ms. Spicer earned her Juris Doctor in 2025 from the University of Oklahoma College of Law. While in law school, she served as a Staff Editor of the Oklahoma Law Review, a Problem Writing Assistant on the Board of Advocates, and the 2L Class Representative to the Student Bar Association. She also competed in the National Moot Court Competition and volunteered with the Victim Advocacy Program.
https://www.duanemorris.com/attorneys/annaspicer.html
Meeting Location: Grapevine Chamber of Commerce
Meeting Address: 200 Vine St E, Grapevine, TX 76051
Registration start time: 11:45 am
Presentation begins: 12:00 pm
Cost: $40 (Online) or $60 (At Door)
Lunch Sponsor:
