This seminar is designed to give attendees a complete picture, from a seasoned-practice viewpoint, of how construction projects are undertaken using two of the most widely accepted project delivery methods in the industry today, and why the conventional design/bid/build process is slowly becoming obsolete. The morning portion will address why alternative methods of project delivery are being sought by owners, will identify some hurdles to overcome to ensure a successful project delivery process, and a basic overview of Design-Build Law in Florida. The afternoon portion of the program is designed to provide attendees with solid fundamental understandings of the various types of construction claims and legal issues that project participants often encounter, as well as practical tips to implement in preparing and maintaining project records. The session will also examine typical construction contract provisions that address the handling and resolution of common claims. In addition, attendees will learn fundamental and legal reasons behind the importance of project documentation, and learn specific 'do's and don'ts' for preparing routine day-to-day records. Owners, engineers, contractors, subcontractors and suppliers will leave with a better understanding of each other's perspective on construction management and design-build project delivery methods.
- How contractors and architects are regulated differently by the State
- Economic loss rule protects contractors but not architects
- Avoiding the unlicensed practice of architecture
- Who bites the bullet for code violations?
9:00 a.m. - 9:20 a.m.
I. Overview Of Project Delivery Systems
And Current Trends (Advantages,
Disadvantages, And Pitfalls)
A. Historical Overview And Why Alternative Project Delivery Methods Are Being Considered And Current Industry Trends
B. Design/Bid/Construct; The Traditional Project Delivery System
C. Construction Management; A 'Team' Approach With Checks And Balances
D. Design-Build; Smooth Sailing Or A Thorny Rose Garden?
9:20 a.m. - 10:00 a.m.
II. Design-Build The Owner's, Architect's,
And Contractor's Dream Or A Potential
A. Selecting The Right Project Delivery System
B. Design Criteria Document Requirements And Standards
C. The Owner's Role In The Design-Build Project Delivery Process
D. Selecting The Right Design-Build 'Team'; Integrated DB Firm Or Joint Venture DB Entity?
10:00 a.m. - 10:15 a.m.
10:15 a.m. - 10:45 a.m.
III. Design-Build Professional Roles And
A. Who Has The Liability Exposure On The Design-Build Project?
B. Design Criteria Professional (DCP); Project Hindrance Or Owner's Advocate?
C. Design-Build Architect And Consultant Of Record Roles
D. Contractor Led Project Teams
E. Architect Led Project Teams
10:45 a.m. - 11:15 a.m.
IV. Construction Management Professional
Roles And Responsibilities
A. Owner's Role In The Project Delivery Process; 'Where's The Beef?'
B. Architect And Consultant; Partnering With The Contractor; Shedding The Adversarial Conflicts Inherent In Traditional Project Delivery Systems
C. Contractor/Construction Manager; Critical Steps Within The Design And Construction Document Development Phases
11:15 a.m. - 11:50 a.m.
V. Documentation And Implementation
Procedures For Successful Design-Build
Projects Private vs. Public
A. The 'Mission Statement' And Overall Project Goals
B. The RFQ (Request For Qualification); Establishing DB Team Selection Criteria And Project Goals
C. The RFP (Request For Proposal); Concepts For Successful DB-Project Team Selection
D. During The 'Design' Phase, Who Is The Client; The Owner Or The Contractor? Ethical Considerations And Implications
E. Avoiding Design-Build Construction Phase Pitfalls
F. Close-Out And Post-Construction Phase Considerations; Project Follow-Through!
11:50 a.m. - 12:00 p.m.
VI. Questions And Answers
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:00 p.m.
VII. Basic Review Of The Design-Build Law In
2:00 p.m. - 2:15 p.m.
2:15 p.m. - 3:15 p.m.
VIII. Construction Lien And Payment Bond
Claims And Defenses
A. Construction Lien Claims And Defenses
B. Construction Payment Bond Claims And Defenses
C. Selected Statutory Provisions And Case Law Applicable To Design-Build
3:15 p.m. - 4:15 p.m.
IX. Liability Among The Parties
A. State Regulations Affecting Contractors And Design Professionals
B. Statutory Causes Of Action Against Contractors And Design Professionals
C. Common Law Duties Of Contractors And Design Professionals
D. Application Of The Economic Loss Rule To Actions Against Contractors And Design Professionals
4:15 p.m. - 4:30 p.m.
X. Questions And Answers