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Who should attend Presenting And Defending Construction Claims
This seminar is designed for attorneys, project managers, presidents and vice presidents, engineers, architects, contractors, subcontractors, owners, principals, accountants and contract managers
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Presenting And Defending Construction Claims  

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This seminar is designed for attorneys, project managers, presidents and vice presidents, engineers, architects, contractors, subcontractors, owners, principals, accountants and contract managers

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Seminar Summary:

This seminar is designed to survey the important issues about construction claims on both public and private works projects in California (see full course description)

 
 

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Training Course Syllabus:


This seminar is designed for attorneys, project managers, presidents and vice presidents, engineers, architects, contractors, subcontractors, owners, principals, accountants and contract managers.

“Delay” – ”Acceleration” – ”Defective Specifications” – ”Changed Site Conditions”

To contractors, these problems usually mean claims for cost overruns and time extensions. To owners on the other hand, they can cause projects to go over budget, complete too late, or both. In today’s marketplace, with its emphasis on fast-track design and construction, claims for extra costs are on the rise. On public works projects, some professionals regard contract claims as a “way of life.” Lawsuits are often the result.

This seminar is designed to survey the important issues about construction claims on both public and private works projects in California. Speakers include well-known construction lawyers and accountants with experience in these issues. The participants will receive practical advice on the ways and means of prosecuting and defending construction claims. A special course manual, complete with forms and charts, will be distributed. This course will assist you to:

• Recognize Legitimate Construction Claims

• Evaluate And Defend Improper Claims

• Document And Prove Impact And Costs Of Various Claims

• Understand The Legal/Contractual Basis For Claims And Defenses

• Negotiate, Mediate Or Litigate Claims And Defenses

8:30 a.m. - 8:40 a.m.

I. Overview

8:40 a.m. - 9:20 a.m.

II. Change Orders And Extra Work

A. Authority Of Owner’s Representatives

B. Formal Change Orders

C. Constructive Changes

D. Field/Oral Work Orders

E. Cardinal Changes/Abandonment Claims

F. Contract Change Order Clauses

G. Rules For Interpretation Of Contract Documents

9:20 a.m. - 9:50 a.m.

III. The Spearin Doctrine: Defective

Specifications

A. Design Specifications: The Implied Warranty Of Specification Suitability

B. Performance And Hybrid Specifications

C. Other Implied Warranties

D. Contractor’s Duty To Investigate

E. Contractor’s Duty To Warn Of Patent Defects

F. Impossibility Of Performance

G. Commercial Impracticability

9:50 a.m. - 10:30 a.m.

IV. Differing Site Conditions

A. Type I Changed Conditions

B. Type II Conditions

C. Common Contract Clauses

D. Special Public Works Statutes

E. Contractor’s Duty To Inspect

F. Exculpatory Clauses

10:30 a.m. - 10:40 a.m.

Break

10:40 a.m. - 11:20 a.m.

V. Delay, Disruption And Acceleration

A. Formal Suspension

B. Excusable Delay

C. Compensable Delay

D. Disruption Of Work

E. Acceleration

F. Cost Impacts

11:20 a.m. - 12:00 p.m.

VI. Quantifying Delays And Extensions

A. As-Planned Schedule

B. As-Built Schedule

C. CPM Analysis

D. Causation Is Critical

E. Use Of Exhibits And Experts

F. Proof Of Acceleration Impact: Measured Mile Analysis

12:00 p.m. - 1:00 p.m.

Lunch (On Your Own)

1:00 p.m. - 1:40 p.m.

VII. Documentation And Presentation Of

Claims

A. Giving Notice Is Critical

B. Importance Of Recordkeeping

C. Minutes, Job Logs, etc.

D. Charts And Photographs

E. Schedules

F. Quotes And Invoices

G. Inspection Reports

1:40 p.m. - 2:10 p.m.

VIII. Termination Claims

A. Convenience Termination

B. Default Termination

C. Federal, State And Local Rules

D. Recoverable Costs

E. Duty To Mitigate

2:10 p.m. - 2:50 p.m.

IX. Proof Of Damages

A. Importance Of Cost Controls

B. Labor Costs

C. Material Costs

D. Site/General Conditions Costs

E. Home Office Overhead

F. “Ripple”/Impact Costs

2:50 p.m. - 3:00 p.m.

Break

3:00 p.m. - 3:30 p.m.

X. Additional Defenses

A. Failure To Give Notice

B. Mistakes In Bid

C. Audit Of Contractor’s Costs

D. Lack Of Supervision

E. Insufficient Manpower

F. Total Cost Issues

3:30 p.m. - 4:00 p.m.

XI. Dispute Resolution

A. Negotiations

B. Mediation

C. Arbitration

D. Public Works: Special Procedures

4:00 p.m. - 4:20 p.m.

XII. False Claims Act Liability

A. Federal Statutes

B. California Statutes

C. False “Claims”

D. False “Data/Information”

E. Defenses

F. Civil And Criminal Penalties

4:20 p.m. - 4:30 p.m.

XIII. Questions And Answers

Seminar Summary:

This seminar is designed to survey the important issues about construction claims on both public and private works projects in California (see full course description)

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