Tackle Today's Top Construction Law Challenges
Experienced construction attorneys know that on any project, seemingly simple matters can quickly become complicated if not handled with expert care. You need an in-depth understanding of complicated construction law issues if you hope to avoid headaches down the road. This advanced-level course will provide you with valuable tools you can use to help your clients through change order disasters, project delays, construction defect disputes and more. Provide your clients with the best representation possible by expanding your knowledge of challenging construction project issues - register today!
- Get up to speed with recent construction case law.
- Head off potential problems related to poorly defined project scope, pricing and timeframe.
- Solve complex 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.
- Unravel questions concerning the extents and limitations of indemnity clauses.
- Get to the bottom of construction defect CGL policy coverage issues.
10:00 am to 5:00 pm Eastern Standard Time
- Construction Law Updates: Contracts, Defects and More
10:00 - 10:30, Thomas R. Hurd
- Project Scope, Pricing and Timeframe: Preventing Problems
10:30 - 11:00, Richard G. Erickson
- Scope Provisions: Contractor, Subcontractor and Owner Perspectives
- Documentation of Plans and Specifications
- Detecting Incomplete Plans or Specifications
- Cost Estimates
- Timeframe - Plans and Specifications
- Ensuring all Work is Properly Included
- Changes and Change Orders: Payment Issues Disentangled
11:15 - 12:00, Thomas R. Hurd
- Actual vs. Perceived Changes
- What's Covered by the Original Bid Price?
- What Constitutes Extra Work Outside of the Scope of the Contract?
- Changes Due to Defective Plans and Specifications
- Additional, Unauthorized or Non-Conforming Work
- Change by Outside Forces: Market Shifts, Zoning Issues, etc.
- Faulty Documentation and Unwritten Change Orders
- Change Order Impact Costs
- Negotiating Favorable Provisions
- Delays: Who's Responsible and Who Must Bear the Costs?
12:00 - 12:45, Thomas R. Hurd
- Excusable Delays and Force Majeure
- Defining Inexcusable Delays
- Assessing Liquidated and Actual Damages
- Compensable vs. Non-Compensable Delays
- No Damages for Delay
- Differing or Hidden Site Conditions
- Deciphering Concurrent Delays
- Timely or Early Completion and Delays
- Notice and Necessary Documentation
- Mechanics' Liens, Stop Notices and Bonds: Owner vs. Claimant Perspectives
1:15 - 1:45, Richard G. Erickson
- Construction Financing and Loans
1:45 - 2:15, Richard G. Erickson
- Developments in Construction Financing
- Applying the TRID Rule to Construction Loans
- Construction Loan Documentation and Negotiations
- Lender Lien Priority
- Lender Liability Issues
- Drafting and Negotiating Airtight Indemnification Provisions
2:15 - 3:00, Richard G. Erickson
- Different Construction Contracts, Different Indemnification Provisions
- Detecting Illegal and Unenforceable Language
- Case Law Review
- Drafting Indemnification Provisions to Your Client's Advantage
- Determining Duty to Defend
- Navigating Insurance Policy and Construction Contract Intersections
3:15 - 4:00, Richard G. Erickson
- Can Insurance Cover all Contractually Assumed Risk?
- Insurance Policy Language Review to Ensure Proper Allocation of Risk
- Alignment of Language with Indemnity Agreements
- Finding Conflicts Between Additional Insured Endorsements and Construction Contracts
- How Courts Use Indemnity Agreements to Interpret Insurance Policies, and Vice Versa
- Ethics for Construction Attorneys
4:00 - 5:00, Thomas R. Hurd
- Conflicts of Interest
- Attorneys' Fees/Expenses
- Confidentiality and Attorney-Client Privilege
- Dealing with Unrepresented Persons
- Honesty and Truthfulness
This program is designed for attorneys. Construction professionals, insurance professionals and paralegals will also benefit.