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Who should attend Construction Law: What Do You Do When...?
This basic-to-intermediate level seminar is perfect for contractors, subcontractors, material suppliers, developers, construction managers, engineers, attorneys and other construction professionals who need to address legal issues throughout the construction process.
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This basic-to-intermediate level seminar is perfect for contractors, subcontractors, material suppliers, developers, construction managers, engineers, attorneys and other construction professionals who need to address legal issues throughout the construction process.

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Seminar Summary:

Easily Solve Tough Construction Law Problems  (see full course description)

 
 
 

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Training Course Syllabus:


Easily Solve Tough Construction Law Problems


When getting involved in a construction project, everyone involved should hope for the best and plan for the worst. Unfortunately, not everyone follows that rule and understands what to do when unexpected issues arise. After attending this seminar, you will know how to deal with unplanned for construction problems that arise throughout a building project. Let us help you to effectively deal with unexpected construction law challenges so you can protect the project, your client and your reputation.


This unequaled seminar will address the various types of problems that regularly arise during a construction project. Understand how to effectively correct defective bids through out the construction process. Keep the project moving by discovering how to deal with deficient plans and specifications. Understand your options when it comes to handling performance delays. Know your rights if others threaten to terminate the contract or if you do not get paid. Bring closure to construction claims by understanding the steps needed to resolve disputes.



  • Donīt accept the unacceptable. Correct defective bids throughout the construction process

  • Protect your rights! Know who is responsible for deficient plans and specifications

  • Uncover the proper way to create clear construction contracts

  • Roll with the punches and comprehend the ins and outs of "change orders" and "changed conditions"

  • Deal with dreaded, yet inevitable, delays

  • Avoid a construction stand still; be aware of available remedies and/or damages for contract termination threats

  • Protect against nonpayment. Learn what options are available

  • Donīt back down when you know you are right! Confidently prepare claims and negotiate, mediate or litigate a disputed claim

  • Understand the proper way to create a legally-binding construction contract


AGENDA




  1. PROJECT DELIVERY METHODS


    Brian W. Ashbaugh, 9:00 - 9:30

    1. Design, Bid, Build

      1. General Contractor With Subcontractor

      2. Multiple Prime Contractors

      3. Construction Manager as Agent of Owner

      4. Construction Manager at Risk



    2. Design-Build



  2. WHAT DO YOU DO WITH A DEFECTIVE BID?

    Robert D. Wright, 9:30 - 10:00


    1. Potential Liability for Bid Errors

    2. Correction of Bid Prior to Award

    3. Correction of Bid After Award

    4. Correction of Bid After Commencement of Construction



  3. WHAT DO YOU DO WHEN IT IS TIME TO SIGN THE CONTRACT?

    Rochelle R. Koerbel, 10:00 - 10:30


    1. Standard Form Contract

    2. Implied Contracts

    3. Key Contract Clauses

    4. Rules of Contract Interpretation



  4. WHAT DO YOU DO WHEN THE CONTRACT IS CHANGED?

    Robert D. Wright, 10:45 - 11:15


    1. The Purpose of "Changes" Clause

    2. Constructive Changes

    3. Cardinal Changes

    4. Authority to Issue Change Order

    5. Waiver of Formal Requirements

    6. Oral Change Orders

    7. Notice

    8. Determining Cost of Changes



  5. WHAT DO YOU DO WHEN CONDITIONS ON THE JOB CHANGE?

    Brian W. Ashbaugh, 11:15 - 11:45


    1. Differing Site Conditions Provision

    2. The Purpose of a Differing Site Condition Provision

    3. Type I vs. Type II Differing Site Conditions

    4. Notice Requirements

    5. Equitable Adjustment

    6. Practical Considerations

    7. Duty to Inspect

    8. Disclaimers for Accuracy of Pre-Bid Information



  6. WHAT DO YOU DO WHEN CONTRACT PERFORMANCE IS DELAYED?

    Rochelle R. Koerbel, 12:45 - 1:05


    1. Excusable Delays

    2. Owner-Caused Delays

    3. Contractor-Caused Delays

    4. Acceleration

    5. Concurrent Delays

    6. Architect/Engineer Liability

    7. Preserving Delay Claims



  7. WHAT DO YOU DO WHEN THE PLANS AND SPECIFICATIONS ARE DEFICIENT?


    Robert D. Wright, 1:05 - 1:35

    1. Owner Warranty

    2. Rights and Liabilities of the Parties

    3. The Contractorīs Duties of Obligations

    4. Errors Discovered Prior to Building

    5. Defects Discovered During Construction

    6. Compensation of Errors

    7. Damage Recovery



  8. WHAT DO YOU DO WHEN THE OTHER PARTY THREATENS TO TERMINATE THE CONTRACT?

    Jeffrey P. Brahan, 1:35 - 2:05


    1. Termination for Default

    2. Termination for Convenience

    3. Wrongful Termination

    4. Steps to Proper Termination

    5. Available Remedies or Damages



  9. CONSTRUCTION DISPUTE RESOLUTION


    Brian W. Ashbaugh, 2:05 - 2:25

    1. Prevention

    2. Negotiation

    3. Standing Neutral

    4. Non-Binding Resolution

    5. Binding Resolution

    6. Litigation



  10. WHAT DO YOU DO IF YOU DO NOT GET PAID?

    Jeffrey P. Brahan, 2:40 - 3:10


    1. Right to Stop Work

    2. Mechanicīs and Materialmanīs Liens

    3. Stop Notice to Construction Lender

    4. Private Payment Bonds

    5. Retainage of Public Works Projects

    6. Bonds on Public Works Projects

    7. The Miller Act

    8. Steps to Collecting Your Money



  11. WHAT DO YOU DO WHEN YOU NEED TO RESOLVE A DISPUTE?

    Jeffrey P. Brahan, 3:10 - 3:30


    1. Claims Recognition

    2. How to Prepare Claims

    3. Negotiation and Settlement

    4. How to Present Claims

    5. Payment of Fees and Expenses



  12. ETHICAL CONSIDERATIONS

    Rochelle R. Koerbel, 3:30 - 4:30


    1. Rules of Professional Conduct that Affect Construction Law Attorneys

    2. Conflicts of Interest

    3. Attorney Fees




Agendas and Speakers may differ slightly depending on the location. Please e-mail or call a representative to obtain an agenda for a particular location.

Seminar Summary:

Easily Solve Tough Construction Law Problems  (see full course description)

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