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Tackle Complex Construction Law Issues With Confidence

On any construction project, seemingly simple issues can quickly become complex if not handled correctly. You need an in-depth understanding of complicated construction law issues so you can avoid severe headaches down the road. Don't make mistakes that put your professional reputation on the line. This advanced-level course will provide you with valuable tools you can use to help your clients through change order disasters, project delay disagreements, construction defect disputes and more. Provide your clients with the best representation possible by expanding your knowledge of complicated construction project issues - register today!

  • Anticipate which construction contract provisions will cause difficulties down the road in order to negotiate them in your client's favor.
  • Unravel questions concerning the extents and limitations of indemnity clauses.
  • Analyze CGL insurance policy documents to accurately determine who is actually covered.
  • Disentangle complex change order payment matters that arise from oral agreements, unknown site conditions and more.
  • Confidently determine which construction project delays are compensable and which are non-compensable.
  • Get to the bottom of construction defect CGL policy coverage issues such as business risk exclusions and proving defective coverage is an occurrence.

All times are shown in Eastern time

  1. Construction Contracts: Advanced Negotiation Techniques for the Top Sticking Points
    10:00 - 11:00, Thomas R. Olson
    1. Payment Clauses
    2. Pass-Through Clauses
    3. No Damage for Delay Clauses
    4. Performance and Timing Clauses
    5. Project Termination Clauses
    6. Liquidated Damages Clauses
  2. Indemnification Issues - What is the Scope and Meaning of the Contractual Clause?
    11:15 - 12:00, Thomas R. Olson
    1. Types of Indemnity Clauses
    2. Detecting Illegal and Unenforceable Language
    3. How Courts Construe Indemnity Clauses
    4. Factoring in State Anti-Indemnification Statutes
    5. Determining Duty to Defend
  3. Determining Who is Insured Under Commercial General Liability Policies
    12:00 - 12:45, Mark R. Becker
    1. The Certificate of Insurance
    2. The General Contractor as a Subcontractor's Additional Insured
    3. The General Contractor as an Additional Insured on the Duty to Defend
    4. The Most Common Additional Insured Endorsements
  4. Change Orders and Extra Work - Payment Issues Disentangled
    1:15 - 2:00, Steven T. Mulligan
    1. Real vs. Perceived Changes
    2. Undocumented Oral Change Orders
    3. Changes Due to Defective Plans and Specifications
    4. Previously Unknown Site Conditions
    5. Additional, Unauthorized or Non-Conforming Work
    6. Change by Outside Forces: Market Shifts, Zoning Issues, etc.
    7. Change Order Impact Costs
  5. Determining Responsibility and Remedy for Delays
    2:00 - 2:45, Steven T. Mulligan
    1. Excusable vs. Inexcusable Delays
    2. Compensable vs. Non-Compensable Delays
    3. Untangling Concurrent Delays
    4. Necessary Documentation
    5. Drafting a Recovery Schedule
    6. Applying a Waiver or "No Damage for Delay" Clause
  6. Coverage for Construction Defects Under CGL Policies
    2:45 - 3:45, Mark R. Becker
    1. Treating Defective Construction as an Occurrence
    2. Business Risk Exclusions and Subcontractor Exception Removal
    3. Avoiding the Known Risk Provision
    4. Voluntary Remediation and the "Legally Obligated" Requirement
    5. The Total Pollution Exclusion - How Total is it?
    6. Preserving Business Relationships While Negotiating Damages
  7. Ethics for Construction Attorneys
    4:00 - 5:00, Vincent W. King
    1. Client Authority
    2. Contractual Claims for Attorneys' Fees/Expenses
    3. Dealing With Unrepresented Persons
    4. Ethical Concerns as "Attorney for the Project"

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