The Step-By-Step Guide to Handling Construction Disputes
When disputes arise on their construction projects, your clients will come to you looking for a favorable resolution. This program will walk you through the basics of litigating and resolving construction claims. Our seasoned faculty will teach you how to calculate damages, clarify complex insurance and indemnification issues, and provide real-world advice on working with expert witnesses and evidence uncovered in discovery. Be prepared to handle construction disputes from initial claim to litigation and trial - register today!
- Stop disputes before they begin by fine-tuning key contract provisions.
- Know how to handle payment issues, bid protests, defects, and other common construction claims.
- Support damage claims with air-tight proof of damages or loss.
- Understand how limitation of liability clauses interact with insurance and indemnification provisions.
- Draft and negotiate dispute resolution provisions that protect your clients.
- Get practical tips on preparing the case for trial.
10:00 am to 5:00 pm Eastern Standard Time
- Drafting Construction Contracts to Avoid (or Prepare for) Disputes
10:00 - 10:30, Mark R. Becker
- The Most Common Construction Contract Issues
- Drafting to Avoid Ambiguities and Disputes
- Fine-Tuning the Dispute Resolution Provision
- Construction Claims, Defenses and Case Law
10:30 - 11:30, John A. Snow
- Payment Disputes
- Mechanics' Liens, Stop Payment Notices, Bond Claims
- Bid Protests
- Construction and Design Defect Claims
- Scope of Work Disputes
- Change Order Disputes
- Differing Site Conditions
- Impact Claims - Delays, Disruption, Acceleration, etc.
- Other Types of Claims
- Construction Damages (Including Delay Damages and Extras)
11:45 - 12:15, Mark R. Becker
- Damages Clauses in Construction Contracts
- Calculating Construction Damages
- Breach of Contract Damages
- Tort Damages
- Proof of Damage or Loss
- Detangling Insurance, Indemnification and LOL Clauses: Who's on the Hook?
12:15 - 1:00, Mark R. Becker
- Expert Witnesses and Discovery in Construction Disputes
1:30 - 2:00, Mark R. Becker
- Using Experts in Construction Disputes
- Admissibility of Expert Testimony
- Discovery Pointers for Construction Cases
- Document Discovery - Bids, Contracts, Sub-Contracts, Policies, Design Documents and More
- Privilege Issues
- Handling Emails and Other Digital Records
- Sample Forms and Discovery Checklists
- Tools for Construction Dispute Resolution: Negotiation, Mediation and Arbitration
2:00 - 2:45, Mark R. Becker
- Claim and Dispute Resolution Provisions in Contracts
- Claim Presentation and Negotiation
- Construction Mediation Strategies
- Arbitration: Pros, Cons and Pointers
- Construction Litigation & Trial: Real-World Tips and Tactics
3:00 - 4:00, John A. Snow
- Case Investigation and Pleadings
- Pre-Trial Strategy
- Jury Biases in Construction Litigation (and Questions to Draw Them Out)
- Presenting Testimony and Demonstrative Evidence
- Trial Motions
- Presenting Opening Statements and Closing Arguments
- Examining and Cross-Examining Witnesses
- Legal Ethics for the Construction Lawyer
4:00 - 5:00, John A. Snow
- Conflicts of Interest
- Attorneys' Fees
- Confidentiality and Attorney-Client Privilege
- Honesty and Truthfulness
This program is designed for attorneys. Construction professionals and paralegals may also benefit.