Participants will learn to protect themselves against potential liability arising from discovery of e-mails and other digital data. Presenters will show how the False Claims Act should be thoroughly understood by construction professionals who traffic in public works and how an invoice, a request for change order, an advertisement, or a brochure could be interpreted as a false claim occasioning serious liability. Construction defects will be thoroughly discussed with consideration of applicable legal theories, measures of damages and statutes of limitations. Participants will be introduced to the complexities of SB 800 (the fix-it bill). Presenters will discuss the advantages and disadvantages of mediation, arbitration and dispute review boards, and participants will learn how to write advantageous contract clauses calling for alternative dispute resolution. Participants will learn how jobs are scheduled, how delay and disruption claims are proved and how damages for delay are computed.
- How to protect yourself and your company against potential liability for false claims
- How to handle construction defect claims with a minimum of expense and anxiety
- How to recognize potential claims for delay and disruption and how to pursue such claims, or avoid them
- How to protect yourself against embarrassment and liability associated with discovery of e-mails and other digital records
- How to take advantage of the latest innovations in mediation and arbitration
- The attendee will be able to discuss federal and California statute,
- The attendee will be able to identify how schedules are made.
- The attendee will be able to review liability arising out of contract and warranty.
8:30 a.m. - 8:45 a.m.
8:45 a.m. - 10:15 a.m.
II. False Claims
A. The Federal Statute
B. The California Statute
C. What Is A False Claim
D. Damages And Penalties
E. Who Is In The Line Of Fire
10:15 a.m. - 10:25 a.m.
10:25 a.m. - 12:00 p.m.
III. Construction Defects
A. Liability Arising Out Of Contract And Warranty
B. Liability Arising Out Of Tort Law
D. Statutes Of Limitation And Repose
E. SB 800 – The 'Fix-It' Bill
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:00 p.m.
IV. Proving Scheduling And Delay
A. How Schedules Are Made
B. Owner's Damages For Delay
C. Contractor's Damages For Delay
D. Contract Clauses: No Damages For Delay, Written Notice Requirements
E. How To Prove A Delay Claim
F. Computation Of Damages: Eichleay Formula, Total Cost Theory
2:00 p.m. - 2:45 p.m.
V. Digital Discovery
A. How To Mine The Digital Mother Lode
B. Digital Discipline: Don't Write Embarrassing E-Mails
C. Discovery Wars:
1. Costs, Harassment, Penalties And Ethical Issues
2. Attack, Defense, Counter-Attack, Privilege
2:45 p.m. - 2:55 p.m.
2:55 p.m. - 4:30 p.m.
1. Choosing The Mediator
2. Preparing For Mediation
3. Evidence Of Materials Prepared For Mediation
1. Enforceability Of Agreements
2. Enforceability Of Award
3. Preparation For And Conduct Of The Hearing
4. Application Of The Federal Arbitration Act
5. Disqualification Of The Arbitrator
C. Dispute Review Boards And Other Methods Of ADR