This program will provide insight and practical advice needed to address and overcome some of the common problems encountered on many construction projects.
The faculty will address issues which arise before the beginning of the project and during construction including the rights and remedies available.
The faculty will equip you with the essential information to recognize the steps that are necessary to avoid major disputes and to deal with problems as they arise.
- General contract law and construction related variations
- Bonds and insurance provisions
- Changes and change orders
- Differing site conditions
- Claims and disputes
- The attendee will be able to discuss general contract law.
- The attendee will be able to identify the key clauses in a contract.
- The attendee will be able to review mechanic's liens.
8:30 a.m. - 8:50 a.m.
8:50 a.m. - 9:15 a.m.
II. General Contract Law And
Construction Related Variations
A. Contract v. Tort Obligations
B. Implications Of The Contract And Tort Distinctions For The Contractor, Designer And Owner Rights, Duties And Performance Obligations vis-à-vis One Another
C. Contract Interpretation
D. Requisite Terms Of A Binding Contract
E. Changes And The Right To Make Them/Duty To Perform Them
F. Discussion Of The AIA And FAR Contract Forms And Clauses
9:15 a.m. - 10:15 a.m.
III. Drafting And Negotiating The
A. The Various Forms Of Project Delivery Methods
1. Design-Bid-Build, Fast Track,
2. Lump Sum, GMP And Cost
B. The Subcontract And Flow-Through Relationships
C. The Key Clauses
1. Payment Clause And The
Pay-If Or When-Paid
2. The Scheduling Clause
3. The Changes Clause
4. Damages: Actual, Liquidated,
5. Indemnification Requirements
6. Claims And Disputes
10:15 a.m. - 11:30 a.m.
IV. Bonds And Insurance Provisions
A. The Distinction Between Bonds And Insurance
B. The General Indemnity Agreement Behind The Bond
C. Bid Bonds
D. Payment Bonds, The Miller Act And The Little Miller Acts
E. Performance Bonds And Obligations Of The Surety
F. The CGL Policy
G. The Builders Risk Policy
11:30 a.m. - 11:40 a.m.
11:40 a.m. - 12:30 p.m.
V. Mechanic's Liens
A. The Theory Behind The Right
B. The Statutory Requirements And Residential v. Non-Residential Work
C. The General Contractor And Subcontractor Requirements
D. The Owner's Obligations And Rights
E. The Filing Requirements
F. The 90 And 150 Day Rules
G. Change Orders, Claims And Lien
12:30 p.m. - 1:30 p.m.
Lunch (On Your Own)
1:30 p.m. - 2:15 p.m.
VI. Changes And Change Orders
A. Why Do Changes Occur?
B. The Changes Clauses And Forms Under The AIA And FAR Provisions
C. Constructive v. Express Changes
D. Notice Requirements And Waivers
E. The Time Element Of Changed Work
2:15 p.m. - 3:00 p.m.
VII. Authority/Obligations Of The A/E And
A. Actual v. Apparent Authority
B. Construction Administration Duties
1. Shop Drawings And
2. Change Orders
3. Claims And Disputes
3:00 p.m. - 3:30 p.m.
VIII. Differing Site Conditions
A. Contingencies And The Risks Prior To Use Of The DSC Clause
B. Defining The Type I And Type II Conditions
C. Exculpatory Clauses And Disclaimers
D. Claims Related To Differing Site Conditions
3:30 p.m. - 3:40 p.m.
3:40 p.m. - 4:30 p.m.
IX. Claims And Disputes
A. Schedule Driven Claims
B. Delay, Disruption And Acceleration
C. Notice Requirements And Waivers
D. Documenting The Claim
E. Damages: Owner, Contractor And Subcontractor Damages
F. Liquidated And Actual Damages
G. Claims And Defense Strategy