A Practical Guide to Project Changes, Contractual Indemnity, Lien Claims and More
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 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.
- 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.
2:00 pm to 5:15 pm Eastern Standard Time
Break 3:30 pm - 3:45 pm
2:00 - 3:30, Jonathan Forester
- Indemnity and Other Risk Transfer Clauses: Are You Picking Up the Other Guy's Tab?
- When is Indemnity Illegal?
- Indemnity Essentials for Construction Contracts
- Recognizing Ambiguous Language
- Recognizing Conflicts with Other Contract Provisions
- Insurability of Indemnity Provisions
- No Damage for Delays Clauses
- Performance and Timing Clauses
- Project Termination Clauses
- Liquidated Damages Clauses
- Changes, Delays, Acceleration and Stopped Work: Owner, Contractor and Subcontractor Perspectives
- Analyzing the Change Clause: A Brief Refresher
- Changed or Differing Site Conditions
- Changes Due to Defective Plans and Specifications
- Additional Work, Unauthorized Work, Non-Conforming Work and Other Issues
- Documenting and Memorializing Project Changes
- Dealing With Undocumented Changes
- Pricing Change Into Contracts: Best Practices
- Contract Delay Clauses and Liquidated Damages Provisions
- Delays, Acceleration and Stopped Work: Proving or Disproving Liability and Calculating Damages
3:45 - 5:15, Christopher LeMieux
- Mechanics' Liens and Surety Bonds: Essential Strategies to Prepare for or Counter Claims
- How to Bring a Mechanics' Lien Claims
- Subsequent Work and Extension of Completion Dates
- Spotting Mistakes That Invalidate Lien Claims
- Preserving Lien Priority
- Lien Releases: When They Should and Shouldn't be Provided
- How to Bring a Surety Bond Claim
- Types of Construction Bonds
- Surety Bond Indemnity Issues
- Defenses to Bond Claims
- Proactively Preparing for Lien or Bond Claims Before They Happen
- Avoiding Additional Insured Pitfalls and Ensuring Coverage
- Additional Insured vs. Additional Named Insured
- The Dangers of Relying on Certificates of Insurance
- Evaluating Additional Insured Endorsements for Proper Coverage
- Spotting Exclusion and Exception Nuances That Negate Coverage
- Ensuring Construction Contracts and Insurance Policies Align
This program provides practical legal information on construction project issues for attorneys. Construction contractors, subcontractors, real estate developers, architects, engineers, and paralegals may also benefit.