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Handle Construction Project Legal Issues With Confidence

Seemingly small construction project issues can have large legal repercussions if not handled properly. It takes a skilled practitioner to navigate these matters in a way that maintains relationships and keeps projects on track. This comprehensive guide to troubleshooting construction project issues provides the information you need to find solutions for problems before they escalate into expensive legal battles. Help construction industry clients mitigate the chances for lawsuits and preserve professional reputations - register today!

  • Minimize the potential for legal issues with construction project changes by anticipating them in contracts.
  • Recognize construction contract indemnity pitfalls and ensure your client doesn't pay for something they shouldn't.
  • Calculate damages and determine legal liability when construction projects are delayed.
  • Recognize and resolve financing hurdles that can derail construction projects before they begin.
  • Understand how mechanics' lien claims are brought about - and how they are countered.
  • Spot insurance policy exception and exclusion nuances that negate additional insured coverage.
  • Get the latest construction law updates you need to ensure your practices are up to date.

  1. Surviving and Thriving When Projects Change: Owner, Contractor and Subcontractor Perspectives
    9:00 - 10:00, Eric Adams, James P. Terpening III, and Timothy D. Woodward
    1. Analyzing the Change Clause: A Brief Refresher
    2. Changed or Differing Site Conditions
    3. Changes Due to Defective Plans and Specifications
    4. Additional Work, Unauthorized Work, Non-Conforming Work and Other Issues
    5. Documenting and Memorializing Project Changes
    6. Dealing With Undocumented Changes
    7. Pricing Change into Contracts: Best Practices
  2. Indemnity and Other Risk Transfer Clauses: Are You Picking Up the Other Guy's Tab?
    10:15 - 11:15, Eric Adams, James P. Terpening III, and Timothy D. Woodward
    1. When is Indemnity Illegal?
    2. Indemnity Essentials for Construction Contracts
      1. Recognizing Ambiguous Language
      2. Recognizing Conflicts With Other Contract Provisions
      3. Insurability of Indemnity Provisions
    3. No Damage for Delays Clauses
    4. Performance and Timing Clauses
    5. Project Termination Clauses
    6. Liquidated Damages Clauses
  3. Delays, Acceleration and Stopped Work: Proving or Disproving Liability and Calculating Damages
    11:15 - 12:00, Eric Adams, James P. Terpening III, and Timothy D. Woodward
    1. Contract Delay Clauses and Liquidated Damages Provisions
    2. Delayed Work
    3. Stopped Work
    4. Accelerated Work
    5. Disrupted Work
    6. Delay Claim Preservation and Perfection
  4. Construction Project Financing Essentials
    1:00 - 2:00, Eric Adams, James P. Terpening III, and Timothy D. Woodward
    1. Construction Lending Essentials
      1. How Lenders Evaluate Risk
      2. Key Documents that Validate Project Value
      3. Preserving Lender Lien Priority
    2. Is Financing Sufficient: Owner, Contractor and Subcontractor Perspectives
    3. Potential Lender Liability to Contractors and Subcontractors
    4. Drawing Funds: Critical Essentials to Avoid Issues
  5. Mechanics' Liens and Surety Bonds: Essential Strategies to Prepare for or Counter Claims
    2:00 - 3:00, Eric Adams, James P. Terpening III, and Timothy D. Woodward
    1. How to Bring a Mechanics' Lien Claims
      1. Subsequent Work and Extension of Completion Dates
      2. Spotting Mistakes that Invalidate Lien Claims
      3. Preserving Lien Priority
      4. Lien Releases: When They Should and Shouldn't be Provided
    2. How to Bring a Surety Bond Claim
      1. Types of Construction Bonds
      2. Surety Bond Indemnity Issues
      3. Defenses to Bond Claims
    3. Proactively Preparing for Lien or Bond Claims Before They Happen
  6. Avoiding Additional Insured Pitfalls and Ensuring Coverage
    3:15 - 4:15, Amanda Anderson
    1. Additional Insured vs. Additional Named Insured
    2. The Dangers of Relying on Certificates of Insurance
    3. Evaluating Additional Insured Endorsements for Proper Coverage
    4. Spotting Exclusion and Exception Nuances that Negate Coverage
    5. Ensuring Construction Contracts and Insurance Policies Align
  7. Construction Case Law and Legislative Updates
    4:15 - 4:30, Eric Adams, James P. Terpening III, and Timothy D. Woodward

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