This program is intended to give construction professionals a summary on the approaches to take in drafting, negotiating and evaluating constructing contracts. It will offer analysis of critical contract terms using the AIA form contracts as a reference point. It is intended to give architects, engineers, contractors, developers, lenders, claims representative for insurers and sureties and attorneys a better understanding of the relevant contractual terms in construction contracts - and what happens by virtue of those terms when something goes wrong on the job.
- Licensing requirements for contracting parties
- Insurance for construction projects
- Delay and acceleration claims under the contract
- Contract document problems with defective plans, specs and shop drawings
- Change clauses: making changes after project commences
- The attendee will be able to discuss project parameters.
- The attendee will be able to identify applicable laws.
- The attendee will be able to review the negotiation process.
8:30 a.m. - 9:00 a.m.
I. The Parties In The Construction And Contracting
A. The Landlord
B. The Architect, Engineer And Surveyor
C. The Prime Contractor
F. Material Suppliers
H. Construction Lenders
I. Prospective Purchasers
9:00 a.m. - 9:15 a.m.
II. Licensing Requirements For Contracting Parties
A. Who Needs Licensing?
B. Licensing Requirements And Violations
9:15 a.m. - 10:20 a.m.
III. Contract Interpretation And Modification: Issues
A. General Contract Rules
B. The Undefinable 'Workmanlike Manner' Requirement
C. Relationship Of Plans And Specification To Written Contract
D. Installment And Progress Payments
E. Change Orders
F. Contract Issues And Options
G. Key Contract General Condition Clauses
H. Subcontract Agreements, Claims And Strategies
I. Evaluating And Structuring Different Contract And Price Formats
J. Special Contract Problems With Fast Track Projects
K. Negotiating Agreements With The Owner And Subcontractor – General Rules For Contract Formation
10:20 a.m. - 10:30 a.m.
10:30 a.m. - 11:30 a.m.
11:30 a.m. - 12:30 p.m.
Lunch (On Your Own)
12:30 p.m. - 1:00 p.m.
V. Bidding Of Contracts
B. Responsibility Of Bidder
C. Irregularities In Bids
D. Owner's Right To Reject Bids
E. Unsuccessful Bidder's Remedies
F. Mistakes In Bids
G. Unbalanced Bids
1:00 p.m. - 1:30 p.m.
A. Suretyship Defined
B. Other Relationships Distinguished
C. Form Of Contract
D. Louisiana Private And Public Works
E. Federal Projects
F. State Law
G. Measure Of And Limitation On Surety Liability
H. Who's Protected
I. Payment By Contractor
J. Failure To Give Notice
K. Untimely Claims
L. Change In Scope Of Contract
M. Noncompliance With Contract By Owner
N. Penal Sum
O. Non-Covered Claims
1:30 p.m. - 2:00 p.m.
VII. Insurance For Construction Projects
B. Builder's Risk
C. Worker's Compensation
2:00 p.m. - 2:15 p.m.
VIII. Site Condition Clauses And Claims
A. Typical Problems
B. Duty To Inspect Prior To Work
C. Unanticipated Conditions
D. Misrepresented Conditions
2:15 p.m. - 2:30 p.m.
IX. Delay And Acceleration Claims Under The Contract
A. Delay By Contractor
B. Anticipatory Breach
C. Delay By Owner
E. Other Schedule Impact Claims
2:30 p.m. - 3:00 p.m.
X. Contract Document Problems With Defective Plans,
Specs And Shop Drawings
A. Legal Analysis Of Owner/Architect/Contractor Rights And Duties
B. Impossibility/Impracticability Doctrines
C. Remedies For Defective Documents
3:00 p.m. - 3:10 p.m.
3:10 p.m. - 3:30 p.m.
XI. Changes Clauses: Making Changes After Project
A. Changes Clause Introduction
B. Louisiana Public Works Act
C. Federal Contracts
D. Extra Work
E. Excessive Change Orders
F. Unjust Enrichment And Quantum Meruit
G. Authority To Issue Change Orders
H. Oral Change Orders
3:30 p.m. - 4:00 p.m.
XII. Identifying And Evaluating Contract Claims
A. Can The Claim Be Proven?
B. Documenting The Claim
C. Claim Strategy And Tactics
D. Following Proper Claims Procedure: Contract And Statutory Requirements
E. Pricing The Amount Of The Claim
F. Indirect Costs
1. Home Office Overhead
2. Field Office Overhead
3. Other Indirect Costs
i. Certain Litigation Costs
ii. Extended Overhead
5. Attorneys' Fees
4:00 p.m. - 4:15 p.m.
XIII. Mechanics Liens And Construction Bonds Under
A. Contractor, Subcontractor And Suppliers Liens
B. Work Covered
C. Private Works Act
D. Public Works Act
E. Statutory Payment Bonds
F. Bond Required For Construction Contracts Under Louisiana Public Works Act
G. Bond Required For Construction Contracts Under Louisiana Private Works Act
H. Private Payment Bonds
I. Lien Bonds
4:15 p.m. - 4:30 p.m.
XIV. Contractually Created Alternative Dispute
A. Options For Claim Resolution
1. Negotiations 2. Arbitration
4. Mini Trial 5. Summary Jury Trial