This program will provide insight and practical advice from construction lawyers on federal, state and local public bidding, contracting and performance issues. Special emphasis will be on public contracting case decisions rendered in the twenty-first century. The topics to be discussed will cover the most recent developments regarding public contract bidding, specific contract provisions, especially the 'final and binding decision', 'termination for convenience', 'no damages for delay', and 'changes' provisions, contract administration, especially contractual dispute resolution and notice provisions and delay and differing site conditions claims. The speakers also will equip you with the necessary information to address the special contract and claims challenges raised by common public contract standard forms, statutes and case decisions.
- Competitive bidding and prime contractor-subcontractor bid issues
- The changes process: Does the type, number or administration of changes matter?
- Delay and reduced labor productivity claims
- Differing site conditions
- Contractual dispute mechanisms
- 'False claims,' suspension and debarments
- Public mechanics lien and payment bonds: New developments and perennial issues
8:30 a.m. - 9:30 a.m.
I. Competitive Bidding: When Must The Bid
A. Bid Responsiveness: Materiality of Bid Variances – New Decisions
B. Illinois 'Home Rule' Units: To What Standards Is A 'Home Rule' Government Bound?
C. Bid Mistakes: Can They Be Corrected?
D. 'Brand Name' Specifications
E. Prime Contractor Reliance On Subcontractor's Bid
9:30 a.m. - 10:00 a.m.
II. Contractual Dispute Mechanisms: Mere
Predecessors To Litigation Or Viable
A. Architect, Engineer, Owner Or Contractor As 'Final And Binding' Decision Maker: New Decisions
B. Mediation: What Is The Experience?
C. Arbitration: Better Than Litigation?
10:00 a.m. - 10:35 a.m.
III. Mechanics Lien And Payment Bonds: New
A. The Latest Developments In Getting Paid
1. When Is The 'Last Work'?
2. Prejudgment Interest: When Does The Owner Pay For Holding Onto The Money?
3. Prompt Payment Act
4. Fringe Benefit Fund And Union Claims
5. Payment In Full To The Tier Above The Claimant
10:35 a.m. - 10:45 a.m.
10:45 a.m. - 11:30 a.m.
IV. The Changes Process: Does The Type,
Number Or Administration Of Changes
A. Contractor's Duty To Perform Changed Work
B. 'Constructive' Changes
C. Anticipated Changes When Plans Incomplete
D. Maladministration Of The Changes Process/Implied Duties
E. Effect Of Signed Change Orders
F. Ambiguous Reservation Language
G. Notice Provisions
11:30 a.m. - 12:00 p.m.
V. Differing Site Conditions: Now, A More
A. What Are The Effects Of Exculpatory Clauses And Site Investigation Clauses?
B. Design Specifications, Performance Specifications, And Hidden Bid Documents
C. Illinois Statute
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 1:45 p.m.
VI. Delay, Failure 'To Make Progress' And
Reduced Labor Productivity Claims
1. Contractual Delay And Schedule Provisions
2. Implied Covenants Of 'Good Faith' And 'Duty Not To Hinder'
3. Delays Arising From Defective Design: Not The Usual Change
4. Excusable Delays And Owner Demands Regarding 'Contractor's Failure To Make Progress'
5. Contractor's Claim Of 'Additional Home Office Project Management'
6. 'No Damages For Delays': When Will An Exception Apply?
B. Reduced Labor Productivity
1. Recent Empirical Data Regarding Effects Of Changes And Delays To Labor Productivity
2. What Is The True Cost Of Overtime And Shift Work?
C. Subcontractor Passthroughs
1:45 p.m. - 2:30 p.m.
VII. Subcontracting Issues: 'Pay If Paid' And
Other Perennial Favorites
A. Conditional Payment Clauses
1. Progress Payments And Retainage
2. Conditions To Payment For 'Extra Work': The 'Prevention' Exception
3. Payment Bond Sureties
B. Design/Build Subcontracts
2:30 p.m. - 2:40 p.m.
2:40 p.m. - 3:25 p.m.
VIII. Special Public Contracting Issues
A. Suspension And Debarments
B. False Claims Acts
3:25 p.m. - 4:00 p.m.
IX. Termination: A New Focus On
A. Termination For Convenience
B. Termination For Default
1. Completing Work
2. Improper Termination
4:00 p.m. - 4:30 p.m.
X. Special Issues And Additional Questions