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Write The Contract, Read The Contract, Build The Job: Legalities And Realities Of Maine Construction Contracts  

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print the agenda print agenda for the Write The Contract, Read The Contract, Build The Job: Legalities And Realities Of Maine Construction Contracts seminar

 

 

Training Course Syllabus:


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

This one day seminar is designed to address the key issues involved in any construction project. The seminar will give contractors, developers, subcontractors, owners, suppliers, architects, engineers, lenders, accountants, attorneys and others providing goods or services to construction projects, a detailed understanding of these hot button issues which arise in one form or another on any construction project.

Topics to be discussed include:

• Write The Contract

• Read The Contract

• Build The Job

8:30 a.m. - 9:00 a.m.

I. Overview – Why Handshake

Deals Don’t Work Anymore

9:00 a.m. - 11:30 a.m.

(Break 10:00 a.m. - 10:10 a.m.)

II. Write the Contract

A. The Contract As A Risk Allocation Tool

1. Tailoring The Contract To The Project Delivery Mechanism

a. Traditional Construction Contract Structure

b. Design/Build

c. Construction Management

d. Fast-Track

2. Plans, Specifications And Contract Documents

a. The Legal And Technical Continuum

b. Express Terms

c. Implied Terms

i. Warranty Of Accuracy

ii. Warranty Of Adequacy

iii. Exception – Performance Criteria

d. Certifications

3. Common Misconceptions And Mistakes

4. Establishing Workable Procedures For Dispute And Claim Resolution

a. Contractual Claims Procedures

b. Mediation And Arbitration

B. Insurance Provisions – Shifting Insurable Risks

1. Shifting Insurable Risks

2. Traditional Insurance In The Construction Context

a. CGL Insurance/Typical Coverages And Exclusions

b. Builder’s Risk And Other Property Insurance

c. Errors And Omissions Coverage

d. Special Risks

3. Wrap-Up And Other Project Insurance

C. Bonds

1. Payment Bonds

2. Performance Bonds

11:30 a.m. - 12:00 p.m.

III. Read The Contract

A. Murder Clauses – Controversial Terms

1. No Damages For Delay

2. Indemnification

3. Advance Lien Waivers

4. Pay-When-Paid/Pay-If-Paid

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

Lunch (Included)

1:00 p.m. - 2:30 p.m.

III. Read The Contract (Continued)

A. Murder Clauses – Controversial Terms

1. No Damages For Delay

2. Indemnification

3. Advance Lien Waivers

4. Pay-When-Paid/Pay-If-Paid

B. AIA Forms – How They Shift The

Risks

1. The Basic Forms – Circa 1987

a. Traditional

b. Construction Management

c. Design/Build

2. 1997 Forms – Changes In Risk Allocation

a. Delegation Of Design Responsibility

b. Dispute Resolution

c. Consequential Damages

d. Contractor’s Repair Obligation

2:30 p.m. - 2:40 p.m.

Break

2:40 p.m. - 4:00 p.m.

IV. Build The Job

A. Making The Paper Match The Job

B. Prompt Payment Act Obligations

C. Notice Requirements

1. Commonly Required Notices

2. Waiver

D. What Happens If You Don’t Follow Contract Procedures

E. Asking The Right Questions

F. Claims Documentation

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

V. Questions And Answers

Seminar Summary:

 (see full course description)

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