Contracts are an essential aspect of every construction project. They can impact the rights and remedies of owners, lenders, contractors, subcontractors and suppliers. Gaining an understanding of the common forms of construction contracts and the common terms and conditions can assist parties in avoiding disputes. The speakers will address specific contract issues and highlight particularly important construction contract language. The speakers are attorneys whose practices emphasize construction-related issues.
- Review of basic contract principles
- Indemnity, insurance and bonding
- Dispute resolution
- Licensing requirements
- The attendee will be able to review basic contract principles.
- The attendee will be able to identify ethical issues.
- The attendee will be able to describe indemnity, insurance and bonding.
8:30 a.m. - 8:40 a.m.
8:40 a.m. - 10:10 a.m.
II. Review Of Basic Contract Principles
1. Requirements For A Valid Contract
2. What If The Contract Provisions Don't Cover Everything?
3. How Can The Basic Contract Be Modified?
4. How Are Ambiguities Resolved?
B. Essential Terms
1. Identity Of The Parties And Responsibilities
2. Scope Of Work, Incorporated Contract Documents
3. Payment Terms
4. Scheduling Responsibilities And Delays
10:10 a.m. - 10:20 a.m.
10:20 a.m. - 11:20 a.m.
III. Types Of Prime Construction
C. Fast Track
D. Multiple Primes
E. Cost Plus Fee With Or Without GMP
F. Construction Manager – At Risk
11:20 a.m. - 12:20 p.m.
A. Rules Of Professional Conduct
B. Conflicts Of Interest
C. Attorney's Fees As Between Attorney And Client
D. False Claims
12:20 p.m. - 1:20 p.m.
Lunch (On Your Own)
1:20 p.m. - 1:50 p.m.
V. Subcontractor And Material
A. Pay-If-Paid vs. Pay-When-Paid
B. Recovery Of Attorneys Fees
C. Mechanic's Lien Rights
1:50 p.m. - 2:20 p.m.
VI. Indemnity, Insurance And Bonding
1. Type I
2. Type II
1. Payment Bonds
2. Performance Bonds
3. License Bonds
2:20 p.m. - 3:05 p.m.
VII. Dispute Resolution
3:05 p.m. - 3:15 p.m.
3:15 p.m. - 4:00 p.m.
VIII. Extras And Changes
A. Changes Clauses And Change Orders
B. Limits On The Owner's Power To Order Changes
C. Contract Clauses Designed To Reduce Or Eliminate Change Orders
D. Contractor Defenses To Clauses Designed To Reduce Or Eliminate Change Orders
E. Exceptions And Reservations Of Rights
G. Changes In Schedule
4:00 p.m. - 4:30 p.m.
IX. Licensing Requirements
A. California's Licensing Scheme
B. Effect Of Licensing On Construction Contracts
C. Substantial Compliance With Licensing Requirements
D. The Hydrotech Case
E. Contract Clauses Required By The Contractor's State License Board