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Who should attend Construction Law: Start To Finish Creative Strategies For Project Completion And Litigation Avoidance
This seminar is designed for construction and project managers, attorneys, engineers, contractors, subcontractors, presidents, vice presidents, architects, principals and contract managers.
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Construction Law: Start To Finish Creative Strategies For Project Completion And Litigation Avoidance  

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

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Seminar Summary:

This seminar will provide insight and practical advice needed to address and overcome some of the common problems encountered on many construction projects. (see full course description)

 
 

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Training Course Syllabus:


This program will provide insight and practical advice needed to address and overcome some of the common problems encountered on many construction projects. The topics to be discussed will cover issues which arise before the beginning of the project, during construction and after completion, including the rights and remedies available. The speakers will equip you with the necessary information to recognize the steps that are necessary to avoid major disputes and deal with problems as they arise.

Topics to be discussed include:

  • The Pre-Contract Stage
  • Problems During Performance
  • Payment Problems
  • Claim Resolution

9:00 a.m. - 12:00 p.m. (Break 10:30 a.m. - 10:45 a.m.)

I. Where It All Begins – The Pre-Contract Stage And How To Prevent Problems Before They Start

A. Introduction

1. Why Does Dispute Seem To Go Hand-In-Hand With Construction?

2. Sources Of Law Applicable To Construction In Pennsylvania

3. Differences Between Private And Public Construction

B. Do You Have A Contract? Pitfalls Where You May Be Bound To A Contract Without Knowing It

1. Requisites Of Contract Formation

2. Bid Documents And Contract Documents

C. Bid Mistakes And Related Problems

1. Between Contractor And Owner

2. Between Subcontractor/Supplier And Contractor

D. The Contract – From Both Contractor's And Owner's Perspectives

1. Standard Form Contracts

2. Provisions To Include

3. Provisions To Avoid

4. Specific Problem Areas

E. Securing Payment – Before It's Too Late!

II. Problems During Performance, Part 1

A. Defective Plans And Specifications

B. Changes And Change Orders

1. Differing Site Conditions

2. Owner-Directed Changes

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

Lunch (On Your Own)

1:00 p.m. - 4:30 p.m. (Break 2:30 p.m. - 2:45 p.m.)

III. Problems During Performance, Part 2 – Keeping The Job Going

A. Changed Conditions – Delay, Acceleration And Impact Claims

1. Excusable Delay

2. Owner-Caused Delay

3. The 'Active Interference' Doctrine

4. Contractor-Caused Delay

5. The Problem Of Concurrent Delay

6. Acceleration Claims

7. Impact Claims

8. Calculating Damages

B. Termination Of The Contract

1. Termination By Owner For Default

2. Termination By Owner For Convenience

3. Termination By Contractor – Owner Contract

4. Termination By Contractor – Subcontract Or Purchase Order

5. Performance Bond Issues

IV. Money, Money – What Happened To The Money? Payment Problems

A. Stopping Work

B. The Pennsylvania Contractor And Subcontractor Payment Act

C. Traditional Direct Routes – Lawsuit Or Arbitration

D. Third-Party Or Indirect Routes To Recover Payment

1. Mechanics' Liens

2. Payment Bonds

3. Other Potential Remedies

V. Claim Resolution

A. When To Arbitrate, When To Sue, When To Mediate

B. What To Expect In An Arbitration Proceeding

C. What To Expect In Court

D. What To Expect In A Mediation

E. Expert Witnesses – Who Needs Them?

F. How To Help Your Attorney Lose

G. How To Help Your Attorney Win

Seminar Summary:

This seminar will provide insight and practical advice needed to address and overcome some of the common problems encountered on many construction projects. (see full course description)

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