This seminar will provide you with a working knowledge of the AIA family of documents. These documents are commonly used to administer a construction project from inception through completion. By being familiar with the entire family of documents you will understand how the terms and conditions of the other project participants' contracts impact you.
In every contract for construction services, an implied duty is imposed upon the contractor to perform its services in a workmanlike manner. In the construction context, there are a variety of claims that can be asserted against a contractor, including claims for personal injury, property damage and wrongful death arising from the contractor's alleged negligence or failure to perform in a workmanlike manner. Additionally, claims may also be brought for fraud, violation of Ohio's Consumer Sales Practices Act, and, in the case of injured employees, an employer intentional tort. Depending upon your role in the project, the seminar will make you aware of what your obligations, rights and risks are when you sign an AIA document, what you need to do to satisfy your obligations, protect your rights and manage your risks. The speakers will also discuss what modifications you should make to these documents to better reflect your interests and needs and how to tailor the documents to the type of project you are working on.
- Overview of AIA contracts
- Roles of construction professionals on the project
- Waiver of consequential damages
- Joint and several liability and comparative negligence principles
- The attendee will be able to discuss tort claims against construction professionals.
- The attendee will be able to identify how Ohio courts view certain AIA contract provisions.
- The attendee will be able to review what construction professionals need to know about tort liability claims.
8:30 a.m. - 10:10 a.m.
I. Overview Of AIA Contracts
A. Roles Of Construction Professionals On The Project
B. Types Of AIA Contracts
C. Duties And Responsibilities Of Parties To An AIA Contract
D. Negotiating Modifications To AIA Contracts
10:10 a.m. - 10:20 a.m.
10:20 a.m. - 12:15 p.m.
II. Construction Professionals: What They Are Sued For, Why, And For
A. Tort Claims Against Construction Professionals
B. Legal Theories Of Liability For Various Tort Claims
C. Elements Of Damages
12:15 p.m. - 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. - 2:40 p.m.
III. How Ohio Courts View Certain AIA Contract Provisions
C. Limitations Of Liability
D. Waiver Of Consequential Damages
E. Waiver Of Subrogation
2:40 p.m. - 2:50 p.m.
2:50 p.m. - 4:30 p.m.
IV. What Else Construction Professionals Need To Know About Tort
A. Statute Of Limitations And Venue Issues
B. Joint And Several Liability And Comparative Negligence Principles
C. Contribution And Indemnity
D. Litigation Tips