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Who should attend Construction Law From Contract To Close
This one-day seminar is designed for construction and project managers, attorneys, engineers, contractors, subcontractors, presidents, vice presidents, architects, principals and contract managers.
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Construction Law From Contract To Close  

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This one-day seminar is designed for construction and project managers, attorneys, engineers, contractors, subcontractors, presidents, vice presidents, architects, principals and contract managers.

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Seminar Summary:

This program will provide insight and practical advice needed to address and overcome some of the common problems encountered on many construction projects. (see full course description)

 
 

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Training Course Syllabus:


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.

Seminar highlights:

  • General contract law and construction related variations
  • Bonds and insurance provisions
  • Changes and change orders
  • Differing site conditions
  • Claims and disputes

Learning objectives:

  • 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.

I. Overview

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 Contract

A. The Various Forms Of Project Delivery Methods

1. Design-Bid-Build, Fast Track, Design Build

2. Lump Sum, GMP And Cost Plus

B. The Subcontract And Flow-Through Relationships

C. The Key Clauses

1. Payment Clause And The Pay-If Or When-Paid Scenarios

2. The Scheduling Clause

3. The Changes Clause

4. Damages: Actual, Liquidated, Consequential

5. Indemnification Requirements

6. Claims And Disputes Provisions

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.

Break

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 Strategies

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 Contracting Officer

A. Actual v. Apparent Authority

B. Construction Administration Duties

1. Shop Drawings And Submittals

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.

Break

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

Seminar Summary:

This program will provide insight and practical advice needed to address and overcome some of the common problems encountered on many construction projects. (see full course description)

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