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Training Course Syllabus:


This seminar is designed for construction and project managers, presidents, vice presidents, contractors, subcontractors, developers, owners, principals, architects, engineers, contract managers, insurance professionals, lenders, attorneys and other construction professionals.

Topics to be discussed include:

• Project Delivery Systems And Risk

• Identifying And Managing Risk In The Contract

• Managing The Risk Of Deficient Plans And Specifications

• Managing Changes In The Work

• Managing Risk Of Delayed Contract Performance

• Termination

• Managing The Risk Of Non-Payment

• Managing Dispute Resolution

9:00 a.m. - 9:40 a.m.

I. Project Delivery Systems And Risk

A. Design-Bid-Build

B. Construction Management

C. Design-Build

D. Program Management

9:40 a.m. - 10:45 a.m.

II. Identifying And Managing Risk In

The Contract

A. Bidding And Defective Bid

B. Basis Of Compensation: Lump Sum, Cost Plus, GMP

C. Incorporation By Reference

D. Scope Of Work

E. Design Delegation

F. Submittal Process

G. Subcontracting

H. Bonding

I. Licenses And Permits

J. Warranties

K. Site Conditions And Differing Site Conditions

L. Hazardous Materials

M. Changes

N. Time And Delays

O. Payment

P. Liquidated Damages And Consequential Damages

Q. Indemnification

R. Limitation Of Liability And Disclaimer Of Liability Provisions

S. Insurance

T. Safety

U. Termination

V. Using Standard Form Contract Documents

10:45 a.m. - 11:00 a.m.

Break

11:00 a.m. - 11:45 a.m.

III. Managing The Risk Of Deficient

Plans And Specifications

A. Owner Warranty

B. Errors Discovered Prior To Construction

C. Defects Discovered During Construction

1. Patent Defects

2. Latent Defects

11:45 a.m. - 12:45 p.m.

Lunch (On Your Own)

12:45 p.m. - 1:45 p.m.

IV. Managing Changes In The Work

A. Changes In Scope/Extras

B. Changes In Conditions

1. Contractor’s Right To Rely

2. Contractor’s Duty To Investigate

3. Owner’s Duty To Disclose Superior Knowledge

4. Exculpatory Clauses

5. Differing Site Conditions

6. Notice

7. Compensation And Time

1:45 p.m. - 2:30 p.m.

V. Managing The Risk Of Delayed

Contract Performance

A. Excusable Delays

B. Owner Caused Delays (Compensable Delays)

1. No Damages For Delay Provisions

2. Delay Damages

C. Contractor Caused Delay

D. Acceleration

E. Architect/Engineer Liability

F. Construction Manager Liability

G. Preserving The Delay Damages Claim

H. Performance Bond

2:30 p.m. - 2:45 p.m.

Break

2:45 p.m. - 3:15 p.m.

VI. Termination

A. Termination For Default

1. Wrongful Termination

B. Termination For Convenience

3:15 p.m. - 3:45 p.m.

VII. Managing The Risk Of Non-

Payment

A. Contractor’s Right To Stop Work

B. Mechanic’s Liens

C. Statutory Trust Funds

D. Verification Of Payment

E. Payment Bonds

1. Private Payment Bonds

2. State Finance Law And The Miller Act

F. State And Federal Tax Liabilities And Levies

3:45 p.m. - 4:30 p.m.

VIII. Managing Dispute Resolution

A. Direct Discussions

B. Mediation

C. ADR

D. Litigation

E. Article 78, Injunctions And Declaratory Judgments

Seminar Summary:

 (see full course description)

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