Six experts in construction law will teach you the fundamental techniques that contractors, subcontractors, suppliers and owners use to analyze and prove construction claims.
In view of the recent decision in Mike Johnson v. Spokane County, the panelists will address how the change in Washington law regarding claim notice and claim certification provisions impacts preparation and pricing of construction claims, and potentially alters the change order process.
The panelists will discuss in detail how to assemble and analyze the information necessary for presenting and proving a construction claim. The theoretical underpinnings of construction claims will be examined, and the panelists will discuss the effective use of experts to prepare persuasive claims presentations. The panelists will also discuss the various forums in which construction claims may be presented, including traditional trial court presentations, arbitrations and mediations.
The panel will leave ample time available at the end of the session to respond to specific questions from the audience.
8:30 a.m. - 8:45 a.m.
I. Overview And Synopsis Of The Agenda
A. Introduction Of Faculty Members
B. Overview Of The Day's Program
C. Common Contractual Notice Provisions
8:45 a.m. - 10:15 a.m.
II. Notification, Certification, And
Presentation Of The Claim After The
A. What Effect Did Mike Johnson v. Spokane County Have On The Way Contractors Prepare And Provide Notice Of Claims
B. What Effect Did The Johnson Case Have On Owners Drafting Of Claims Notice And Certification Requirements
C. Notice Provisions After Johnson
D. Drafting Contractual Clauses After Johnson
E. Planning The Construction Process After Johnson
F. Johnson's Effect On Change Orders
G. Timely Notification After Johnson
H. Tailoring The Presentation Of The Claims Package After Johnson
10:15 a.m. - 10:25 a.m.
10:25 a.m. - 10:55 a.m.
III. Assembling The Construction Claim And
A. Educating Project Personnel On Notice
B. Use Of Project Personnel
C. Use Of Outside Consultants
D. When Do You Involve The Attorney?
E. Role Of The Accountant In Damage Analysis
10:55 a.m. - 11:45 a.m.
IV. Documenting And Recording The
A. Identifying The Events That Give Rise To Damage And Delay Claims
1. How Do You Know When You Have A Delay Claim?
B. Maintenance Of Contemporaneous Project Records
1. Use Of Requests For Information To Architects
2. Responses To Architect's Supplemental Instructions
3. Record Keeping On Construction Change Directives And Change Orders
C. Project Staffing And Labor Utilization Reports
D. Documenting Overhead Costs
E. Tracking Material Increases And Labor Cost Increases
F. Correspondence With The Owner And Architect
G. Documenting Subcontractor Claims
H. Photographic Records To Support Claim
I. Targets Of Damage Claims
J. Tying Claims To Contract Clauses
K. Reservation Of Rights
11:45 a.m. - 12:00 p.m.
V. Other Contractual Clauses Affecting The
A. Conflicts Between Clauses
B. Liquidated Damages
C. Scheduling Requirements
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 1:45 p.m.
VI. Types Of Construction Damage Claims
A. Delay Claims
B. Disruption Claims
C. Acceleration Claims
D. Labor Inefficiency Claims
E. Differing Site Conditions
F. Change To Work Scope
G. Termination Claims
1:45 p.m. - 2:30 p.m.
VII. Schedule Analysis Use Of Construction
Scheduling And Updates To Prove Your
A. Establishment Of The Base Line Schedule
B. Critical Path Analysis
C. Disruption Of The Critical Path
D. Use Of Milestone Events
E. 'Measured Mile' Analysis
F. 'As Built' Scheduling
G. Importance Of Schedule Updates
H. Schedule Look Aheads
I. Various Software Scheduling Systems
2:30 p.m. - 2:40 p.m.
2:40 p.m. - 3:15 p.m.
VIII. Types Of Relief Available Damage
A. Total Cost Claims
B. Modified Total Cost
C. Recovery Of Lost Profits
D. Recovery Of Overhead
E. Limitations Of Eichleay Formula
F. Legal Updates On Damages
3:15 p.m. - 3:50 p.m.
IX. Post-Completion Claims
A. Warranty Claims
B. Latent Defects
C. Beyond Substantial Completion
D. Affect Of Final Acceptance
3:50 p.m. - 4:30 p.m.
X. Claim Resolution Formal Litigation Or
Alternative Dispute Resolution?
C. Dispute Resolution Boards
E. Formal Litigation