Public entities undertaking construction projects face comprehensive public contracting statutes, bidding issues and contract claims which combined pose legal and practical challenges to public construction.
This seminar is designed to cover practical approaches to public works construction contracting.
Topics to be discussed include:
- Formation Of Contracts With The State And Local Governments
- Bid Bonds
- Formation Of Contracts With The Federal Government
- Performance Issues Under Public Contracts
- Payment Issues Under Public Contracts
- Remedies Of The Contractor Against The Public Owner
- The Prime Contractor's Bonds Issues Of Subcontractor And
- Disputes Under State And Local Contracts
- Disputes Under Federal Contracts
9:00 a.m. - 10:15 a.m.
I. Formation Of Contracts With The
State And Local Governments
A. The Competitive Bid Law
B. The Public Works Law
C. Exceptions To Competitive Bid Requirements
D. Prequalification Of Bidders
E. Bid Protests
10:15 a.m. - 10:35 a.m.
II. Bid Bonds
A. Statutory Provisions
B. Forfeiture Of Bonds
10:35 a.m. - 10:50 a.m.
10:50 a.m. - 11:30 a.m.
III. Formation Of Contracts With The
A. The Federal Acquisition Regulation
B. Competitive Bidding
C. Negotiated Contracts
D. Unconventional Procurement Design-Build And Best Value Contracting
E. Preferences For Disadvantaged Bidders
11:30 a.m. - 12:10 p.m.
IV. Performance Issues Under Public
A. Change Orders
B. Scheduling Issues
C. Oral Or Implied Modification Of Contracts
D. Modifications Of Originally Exempt Contracts
E. Federal Contract Clauses
12:10 p.m. - 1:10 p.m.
Lunch (On Your Own)
1:10 p.m. - 1:30 p.m.
V. Payment Issues Under Public
A. Alabama's Prompt Payment Statute
B. The Federal Prompt Payment Clause
C. Limitations On Retainage Under Subcontracts
1:30 p.m. - 2:00 p.m.
VI. Remedies Of The Contractor
Against The Public Owner
A. Availability Of Alternative Dispute Resolution
B. Presentation Of Disputes To The Owner And Engineer
C. Administrative Review Of Claims
2:00 p.m. - 3:00 p.m.
VII. The Prime Contractor's Bonds
Issues Of Subcontractor And
A. The Miller Act
B. Alabama's 'Little Miller Act'
C. Presentation And Pursuit Of The Payment Bond Claim By The Subcontractor
D. The Owner's Claim On The Performance Bond
E. Procedural Requirements
F. The Contractor's Indemnity Obligations
3:00 p.m. - 3:15 p.m.
3:15 p.m. - 3:35 p.m.
VIII. Disputes Under State And Local
A. Termination For Default And For Convenience
B. Litigation Between Owner And Contractor
C. Disqualification Of Contractors
3:35 p.m. - 4:15 p.m.
IX. Disputes Under Federal Contracts
A. The Contract Disputes Act
B. The Boards Of Contract Appeals And Available Courts
C. Alternative Dispute Resolution
D. The False Claims Act
4:15 p.m. - 4:30 p.m.
X. Question And Answer Session