Public construction projects involve comprehensive public contracting statutes and a contentious claims environment, which combine to pose legal and practice challenges unique to public construction.
This seminar will discuss practical approaches to public works construction contracting.
- Bidding and contract award
- Suspensions, delays and acceleration
- Inspection, Acceptance and warranties
- Disputes procedures
- The attendee will be able to identify new developments from the owner's perspective.
- The attendee will be able to describe performance disputes.
- The attendee will be able to discuss bidding disputes.
9:00 a.m. - 10:15 a.m.
I. Competing For The Contract
A. Competitive Negotiation And Competitive Bidding
B. Best Value Selection Process
C. Past Performance Evaluations
D. Alternative Delivery Systems: Design Build, Construction Management At Risk
E. Bid Protests
F. Correcting Mistakes In Bids Or Proposals
G. Small Business Set Asides; HUBZone Contracts; Mentor-Protégé Programs
10:15 a.m. - 10:30 a.m.
10:30 a.m. - 11:45 a.m.
II. Key Contract Provisions – Part One
1. Changes Clause
2. Elements Of Change
3. Constructive Changes
4. Compensation For Change
5. Cardinal Changes
B. Differing Site Conditions
1. Differing Site Conditions Clause
2. Type 1 vs. Type II Site Conditions
3. Elements To Prove To Recover For Differing Site Conditions
4. Compensation For Differing Site Conditions
5. Environmental Issues
III. Key Contract Provisions – Part Two
A. Suspensions, Delays And Acceleration
1. Types Of Delays: Escusable, Unexcused And Concurrent
2. Proving Entitlement To Time/Money
3. Types Of Compensation And Damages
4. CPM Schedules And Proof Of Damages
5. Proving Acceleration
11:45 a.m. - 12:45 p.m.
12:45 p.m. - 2:30 p.m.
A. Traditional Subcontracting
B. Construction Management
C. Bidding And Award Of Subcontract
D. Subcontract Agreements And Clauses
E. Subcontractor-Prime Contractor-Owner Disputes
F. Miller Act Claims
V. Damages And Compensation
A. Equitable Adjustment Concept
B. Elements Of Pricing And Recovery
C. Recovering Field And Home Office Overhead
D. Contractual Limits On Recovery And No Damages For Delay Clauses
E. Documenting And Proving Entitlement
2:30 p.m. - 2:45 p.m.
2:45 p.m. - 3:30 p.m.
VI. Inspection, Acceptance And Post
A. Contract Provisions
B. Government Inspection-Rights And Duties
C. Contractor Inspection
D. Contractor Remedies
E. Acceptance Of Payment
F. Warranties-Express And Implied
G. Commissioning And Post Acceptance Operation Of Facilities
3:30 p.m. - 4:45 p.m.
A. Termination For Defaults
B. Termination For Convenience
VIII. Disputes Procedures
A. Overview Of Dispute Procedures
B. Contractor Remedies
C. Government Remedies
D. Claims, Requests For Final Decision And Certification
E. Alternative Dispute Resolution Techniques
F. Litigation And Arbitration