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Who should attend Avoiding Construction Litigation
This one-day seminar is designed for attorneys, presidents, vice presidents, project managers, engineers, contractors, subcontractors, architects, principals and real estate developers involved with construction projects.
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Avoiding Construction Litigation  

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This one-day seminar is designed for attorneys, presidents, vice presidents, project managers, engineers, contractors, subcontractors, architects, principals and real estate developers involved with construction projects.

Cost:   

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Seminar Summary:

This seminar will cover such topics as shifting risk and risk management, avoiding court, new construction law and legislation, and much more. (see full course description)

 
 

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Training Course Syllabus:


These days litigation is too often another facet in the construction business. You know that in the course of a project there is always the possibility that you may have to bring a claim or lawsuit against another party or that another party may even bring one against you. Just getting insured these days can be very expensive, if not nearly impossible.

The name of the game is prevention. Construction professionals can decrease their chances of being caught up in a claim or lawsuit by learning how to avoid or minimize problems before they become problems. In the event of a claim or lawsuit, it is important to know what to do when you receive it; what options you have against other parties; and what options you have for an early and economic resolution. Finally, reviewing and keeping abreast of new legislation and caselaw is essential to ensuring you are adequately protecting your business and interests according to industry and legislative standards.

Seminar highlights:

  • Better understanding your rights and obligations on the project
  • How to document your project to avoid or win claims
  • Shifting risk and risk management
  • Getting paid for your work
  • Avoiding court
  • New construction law and legislation

Learning objectives:

  • The attendee will be able to illustrate understanding of their options in the event of a lawsuit.
  • The attendee will be able to demonstrate an understanding of proper construction management including documentation and safety.
  • The attendee will be able to read insurance policies with an understanding of their liability.

9:00 a.m. - 9:15 a.m.

I. Overview

9:15 a.m. - 9:45 a.m.

II. Close Encounters Of The Third Party: The Nature Of Contracts

A. Relationships Between Each Party

1. Owner

2. Design Professional

3. Construction Manager

4. General Contractor

5. Subcontractor

6. Material Suppliers

B. Licensing Issues

9:45 a.m. - 10:45 a.m.

III. All Quiet On The Western Front: How To Work Your Project To Avoid Claims

A. Preconstruction Coordination

B. Documentation Before And After The Project

C. Addressing Potential Issues Head-On

10:45 a.m. - 11:15 a.m.

IV. Rebel Without A Clause: Shifting Your Potential Liability Via Contract

A. Indemnity Obligations

B. Insurance Obligations

11:15 a.m. - 11:30 a.m.

Break

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

V. The Godfather: Risk Management/Insurance/Surety

A. Insurance/OCIP

B. Workers' Compensation

C. Builders' Risk – Who Benefits

D. Bonds (What They Are Not)

E. Subguard

12:30 p.m. - 1:30 p.m.

Lunch (On Your Own)

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

VI. The Sting: When Am I Going To Get Paid?

A. Pre-Liens

B. Mechanics Liens/Stop Notices

C. Prompt Payment Statutes

2:30 p.m. - 3:00 p.m.

VII. Contractor On The Verge Of A Nervous Breakdown: When Should You Contact Counsel And What You Should Expect?

A. What (And How Much) Is At Stake?

B. Getting Your Attorney Involved Early Or 'An Ounce Of Prevention Is Worth A Pound Of Cure'

C. Partnering With Your Attorney

3:00 p.m. - 3:15 p.m.

Break

3:15 p.m. - 3:45 p.m.

VIII. Apocalypse Now: Avoiding Mutually Assured Destruction With Early Dispute Resolution

A. Early Mediation

B. Arbitration

C. Non-Jury Trials

3:45 p.m. - 4:45 p.m.

IX. The Odd Couple: New Construction Litigation And Case Law

A. New Laws For 2005

B. Recent Legislation That Has Impacted The Industry

Seminar Summary:

This seminar will cover such topics as shifting risk and risk management, avoiding court, new construction law and legislation, and much more. (see full course description)

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