These days litigation is too often another facet in the construction business. You know that in the course of a project there is always the possibility that you may have to bring a claim or lawsuit against another party or that another party may even bring one against you. Just getting insured these days can be very expensive, if not nearly impossible.
The name of the game is prevention. Construction professionals can decrease their chances of being caught up in a claim or lawsuit by learning how to avoid or minimize problems before they become problems. In the event of a claim or lawsuit, it is important to know what to do when you receive it; what options you have against other parties; and what options you have for an early and economic resolution. Finally, reviewing and keeping abreast of new legislation and caselaw is essential to ensuring you are adequately protecting your business and interests according to industry and legislative standards.
- Better understanding your rights and obligations on the project
- How to document your project to avoid or win claims
- Shifting risk and risk management
- Getting paid for your work
- Avoiding court
- New construction law and legislation
- The attendee will be able to illustrate understanding of their options in the event of a lawsuit.
- The attendee will be able to demonstrate an understanding of proper construction management including documentation and safety.
- The attendee will be able to read insurance policies with an understanding of their liability.
9:00 a.m. - 9:15 a.m.
9:15 a.m. - 9:45 a.m.
II. Close Encounters Of The Third
Party: The Nature Of Contracts
A. Relationships Between Each Party
2. Design Professional
3. Construction Manager
4. General Contractor
6. Material Suppliers
B. Licensing Issues
9:45 a.m. - 10:45 a.m.
III. All Quiet On The Western
Front: How To Work Your
Project To Avoid Claims
A. Preconstruction Coordination
B. Documentation Before And After The Project
C. Addressing Potential Issues Head-On
10:45 a.m. - 11:15 a.m.
IV. Rebel Without A Clause:
Shifting Your Potential Liability
A. Indemnity Obligations
B. Insurance Obligations
11:15 a.m. - 11:30 a.m.
11:30 a.m. - 12:30 p.m.
V. The Godfather: Risk
B. Workers' Compensation
C. Builders' Risk – Who Benefits
D. Bonds (What They Are Not)
12:30 p.m. - 1:30 p.m.
Lunch (On Your Own)
1:30 p.m. - 2:30 p.m.
VI. The Sting: When Am I Going
To Get Paid?
B. Mechanics Liens/Stop Notices
C. Prompt Payment Statutes
2:30 p.m. - 3:00 p.m.
VII. Contractor On The Verge Of A
Nervous Breakdown: When
Should You Contact Counsel
And What You Should Expect?
A. What (And How Much) Is At Stake?
B. Getting Your Attorney Involved Early Or 'An Ounce Of Prevention Is Worth A Pound Of Cure'
C. Partnering With Your Attorney
3:00 p.m. - 3:15 p.m.
3:15 p.m. - 3:45 p.m.
VIII. Apocalypse Now: Avoiding
Mutually Assured Destruction
With Early Dispute Resolution
A. Early Mediation
C. Non-Jury Trials
3:45 p.m. - 4:45 p.m.
IX. The Odd Couple: New
Construction Litigation And
A. New Laws For 2005
B. Recent Legislation That Has Impacted The Industry