For contractors and subcontractors involved in the construction industry, the ultimate goal is to be paid in full for all of the work performed. For owners, architects and engineers, it is important to recognize the elements and factual scenarios that give rise to potential exposure for claims. This battle of competing interests often results in disputes that lead to arbitration and litigation.
The goal of this seminar is to provide all who work in the construction industry with the law and strategies to recognize common issues giving rise to claims and to provide both parties the necessary forms and techniques to deal with claim situations.
- Contract law and interpretation
- The public contract and private contract claims and disputes provisions
- Differing site conditions claims
- Delay, distruption and loss of productivity claims
- Calculating and proving damages
- The attendee will be able to discuss the various forms of claims.
- The attendee will be able to identify defective plans and specifications.
- The attendee will be able to review differing site conditions claims.
8:30 a.m. - 8:50 a.m.
8:50 a.m. - 9:30 a.m.
II. Contract Law And Interpretation
A. Formation Of The Contract-The Necessary Prerequisite
B. The Objective v. Subjective Standard Of Interpretation
C. Patent v. Latent Ambiguities And The Duty Seek Clarification
D. Resolving Ambiguities
9:30 a.m. - 10:15 a.m.
III. Overview Of The Various Forms
A. Changes Claims
B. Differing Site Conditions Claims
C. Design Defect Claims
D. Delay, Acceleration And Loss Of Productivity
10:15 a.m. - 11:20 a.m.
IV. Changes Under The AIA Contract
Forms And The Far
A. Change Orders, Change Directives and Minor Changes In The Work
B. Notice Requirements And Waiver
C. The Written Order Requirement And Waiver
D. Constructive Changes
11:20 a.m. - 11:30 a.m.
11:30 a.m. - 12:00 p.m.
V. The Public Contract And Private
Contract Claims And Disputes
A. The AIA Contract Disputes Clause
B. Virginia Public Procurement Disputes
C. Disputes On Federal Government Contracts
D. Alternative Dispute Resolution and Review Boards
12:00 p.m. - 12:30 p.m.
VI. Defective Plans And Specifications
A. Contract Requirements
B. Detailed Design Specifications
C. Performance Specifications
D. Changes Related To Defective Specifications And Design Defects
12:30 p.m. - 1:30 p.m.
Lunch (On Your Own)
1:30 p.m. - 2:15 p.m.
VII. Differing Site Conditions Claims
A. Forms Of The DSC Clause
B. Identifying Type I And Type II Differing Site Conditions
C. Contractors Duty To Investigate The Site
D. Owner's Obligations To Disclose Or Disclaim
E. Notice Requirements And Waiver
F. Recovery For Changed Work Under The Differing Site Conditions Clauses
2:15 p.m. - 3:15 p.m.
VIII. Delay, Disruption And Loss Of
A. The CPM Method Of Scheduling
B. Delay Claims: General Contractor And Subcontractor Claims
C. Owner Delay Claims
D. Acceleration Claims: Express And Constructive
E. Loss Of Productivity Claims
3:15 p.m. - 3:25 p.m.
3:25 p.m. - 4:30 p.m.
IX. Calculating And Proving Damages
A. Basic Damages Principles
B. Owner v. Contractor v. Subcontractor Damages
C. Discrete Claim Pricing Methods
D. Total Cost v. Modified Total Cost Claims
E. Liquidated v. Actual Damages
F. Proving Damages At Trial And In ADR Proceedings
G. The Use Of Experts And Lay Witnesses
H. Claims And Defense Strategy