James P. Bobotek
Counsel

Mr. Bobotek concentrates his practice on a variety of insurance coverage, risk management and risk allocation issues, with an emphasis on those arising in the construction industry. He counsels clients in formulating risk management strategies, developing contractual insurance requirements, and analysis and resolution of insurance coverage claims and disputes.

Mr. Bobotek has litigation experience before federal and state courts, arbitral tribunals, and judicial and private mediators, with a focus on representing corporate policyholders seeking to confirm insurance coverage involving builder’s risk, CGL, professional liability, pollution, commercial property, business interruption, fidelity, D&O and other policies. Mr. Bobotek formerly worked as an in-house attorney for a major insurer, providing insurance coverage advice on a wide variety of issues under commercial liability policies and managing outside counsel in coverage litigation.

• Achieved summary judgment ruling in client’s favor on all issues relating to a $10 million fidelity bond claim arising out of a fraudulent student loan scheme;
• Obtained significant recovery under a builders risk policy on behalf of a contractor for a delay claim arising out of a subcontractor’s provision of defective materials;
• Procured multi-million dollar defense and indemnity recovery under “personal injury” CGL coverage relating to a discrimination suit brought by the U.S. Department of Justice on behalf of multiple claimants;
• Obtained recovery under an event cancellation policy for two class action suits brought as a result of logistical difficulties in connection with a client’s presidential inauguration-related experiential student conference;
• Obtained full property loss and business interruption coverage, as well as defense and indemnity coverage for third-party suits, arising out of a catastrophic fire at a defense contractor’s warehouse facility;
• Attained defense and indemnity coverage for an international construction company arising out of concrete plant emissions;
• Obtained defense and indemnity coverage under a professional liability policy for an engineering company faced with excess exposure;
• Recovered full pre-suit indemnity for a government contractor in a construction claim related to faulty subcontractor work;
• Secured indemnity under a commercial property policy for an employee dishonesty claim;
• Protected a commercial developer's interests under a builder's risk policy in connection with a faulty workmanship claim;
• Drafted and negotiated construction, design, and development contracts for projects totaling hundreds of millions of dollars;
• Represented public-private partnerships in connection with construction, design, and ancillary agreements relating to United States military housing privatizations across the country, including projects in California, Arizona, Maryland, Virginia, West Virginia, Nevada, Georgia and Missouri;
• Drafted form construction and design contract packages for owners, developers and contractors for use throughout the United States; and
• Drafted and negotiated, on a pro bono basis, construction contracts for charitable institutions in the Washington, DC area.

American Bar Association — Tort Trial and Insurance Practice Section, Forum on the Construction Industry, Insurance Coverage Litigation Committee, Fidelity and Surety Law Committee, Property Insurance Law Committee

Virginia State Bar — Construction Law and Public Contracts Section

District of Columbia Bar — Real Estate, Housing and Land Use Section

NAIOP

Former member, Board of Directors, D.C. Law Students in Court, Inc.

U.S. Courts of Appeals for the Fourth and District of Columbia Circuits

U.S. District Courts for the Eastern District of Virginia, District of Columbia, and District of Maryland

U.S. Bankruptcy Court for the Eastern District of Virginia

• “Understanding Product Liability Insurance,” New Appleman Insurance Law Practice Guide (forthcoming)
• “Builders Risk Insurance,” New Appleman on Insurance Law, Library Edition, Chapter 50 (forthcoming)
• "Builders Risk Insurance for Construction Projects: Legal Issues," Stafford Webinar Series, June 2012
• "Insurance Issues and Trends Impacting the Food and Beverage Industry," The Legal Council, May 2012
• "Real Estate Insurance Issues," Mid-Atlantic Real Estate Corporate Counsel Meeting, May 2012
• "Challenges of a Tightening Property and Business Interruption Insurance Environment," Pillsbury Webinar, April 2012
• "Hidden Traps or Hidden Treasures: The Underestimated Role of Often Overlooked Policy Provisions," ABA Insurance Coverage Litigation CLE Seminar, March 2012
• “Recent Developments in Property Insurance Coverage Litigation,” ABA Tort Trial & Insurance Practice Law Journal, Winter 2011
• “Construction Contract Insurance and Indemnification Clauses: Crafting Provisions to Allocate Risk and Minimize Liability,” Strafford Publications CLE Webinar, June 2011
• “Builders Risk Insurance for Construction Projects: Legal Issues,” Strafford Publications CLE Webinar, June 2011
• “Construction Defect Insurance Claims: Strategies for Policyholders and Insurers to Resolve Coverage Disputes,” Strafford Publications CLE Webinar, May 2011
• “Demystifying Builders Risk Insurance,” Pillsbury Winthrop Shaw Pittman LLP CLE Webinar, May 2011
• “Deconstructing Wrap Ups: A Coverage and Contract Challenge,” ABA Insurance Coverage Litigation CLE Seminar, March 2011
• “Wrap Insurance for Construction Projects: Understanding Scope of Coverage and Resolving Coverage and Indemnification Disputes,” Strafford Publications CLE Webinar, February 2011
• “Managing Corporate Risk: A Short Course on D&O and Commercial General Liability Insurance,” Pillsbury Winthrop Shaw Pittman LLP CLE Marathon, September 2010
• “Construction Wrap-Up Policies: An Overview and Analysis of Selected Coverage Issues,” New Appleman on Insurance: Current Critical Issues in Insurance Law, Winter 2010
• “Recent Developments in Property Insurance Coverage Litigation,” ABA Tort Trial & Insurance Practice Law Journal, Winter 2010
• “Construction Defect Insurance Claims: Strategies for Policyholders and Insurers to Resolve Coverage Disputes,” Strafford Publications CLE Webinar, September 2010
• “Construction Contract Insurance and Indemnification Clauses: Crafting Provisions to Allocate Risk and Minimize Liability,” Strafford Publications CLE Webinar, August 2010
• "Construction Risk Management: Ten Issues in Construction Contracts," LexisNexis Insurance Law Center, May 2010
• “Commercial General Liability Insurance 101 – Understanding the Basics,” RIMS 2010 Annual Conference
• “Insurance Coverage Issues in Claims Arising out of the Influenza A (H1N1) Outbreak,” LexisNexis Insurance Law Center, May 2009