An Advanced-Level Guide to Complex Construction Law Issues
On any construction project, seemingly simple issues can quickly become complex if not handled correctly. That's why it's essential to have an in-depth understanding of critical construction project legal matters that have the potential to cause severe headaches for your clients. In this advanced-level course, our experienced faculty will share their decades of construction law experience and 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.
- Disentangle complex change order payment matters that arise from oral change orders, additional work and more.
- Confidently determine which construction project delays are compensable and which are non-compensable.
- Factor in current court interpretations and state anti-indemnity statutes when wading into a construction indemnity dispute.
- Analyze CGL policy insurance documents to accurately determine who is actually covered under the policy.
- Get to the bottom of construction defect CGL policy coverage issues such as business risk exclusions and proving defective coverage is an occurrence.
- Fairly counter discovery delays, excessive notices and other dirty construction litigation tactics.
- Ensure interactions with unrepresented parties during construction disputes are ethically responsible.
All times are shown in Central time.
- Construction Contracts: Advanced Negotiation Techniques for the Top Sticking Points
9:00 - 9:45, Stephen D. Marso
- Payment Clauses
- Pass-Through Clauses
- No Damage for Delay Clauses
- Performance and Timing Clauses
- Project Termination Clauses
- Liquidated Damages Clauses
- Change Orders and Extra Work - Payment Issues Disentangled
9:45 - 10:30, Stephen D. Marso
- Real vs. Perceived Changes
- Undocumented Oral Change Orders
- Changes Due to Defective Plans and Specifications
- Previously Unknown Site Conditions
- Additional, Unauthorized or Non-Conforming Work
- Change by Outside Forces: Market Shifts, Zoning Issues, etc.
- Change Order Impact Costs
- Determining Responsibility and Remedy for Delays
10:45 - 11:15, Patrick Thornton
- Excusable vs. Inexcusable Delays
- Compensable vs. Non-Compensable Delays
- Untangling Concurrent Delays
- Necessary Documentation
- Drafting a Recovery Schedule
- Applying a Waiver or "No Damage for Delay" Clause
- Determining Who is Insured Under Commercial General Liability Policies
11:15 - 11:45, Patrick Thornton
- The Certificate of Insurance
- The General Contractor as a Subcontractor's Additional Insured
- The General Contractor as an Additional Insured on the Duty to Defend
- The Most Common Additional Insured Endorsements
- Negotiating Damages in Construction Disputes
11:45 - 12:30, Patrick Thornton
- Distinguishing Direct and Consequential Damages
- Calculating Acceleration Damages
- Reducing Damages by Claiming Betterment
- Non-Monetary Remedies to a Construction Dispute
- Preserving Business Relationships While Negotiating Damages
- Indemnification Disputes - What is the Scope and Meaning of the Contractual Clause?
1:30 - 2:30, James F. Freeman III
- Types of Indemnity Clauses
- Detecting Illegal and Unenforceable Language
- How Courts Construe Indemnity Clauses
- Factoring in State Anti-Indemnification Statutes
- Determining Duty to Defend
- Coverage for Construction Defects Under CGL Policies
2:45 - 3:30, James F. Freeman III
- Treating Defective Construction as an Occurrence
- Business Risk Exclusions and Subcontractor Exception Removal
- Avoiding the Known Risk Provision
- Voluntary Remediation and the "Legally Obligated" Requirement
- The Total Pollution Exclusion - How Total is it?
- Ethics for Construction Attorneys
3:30 - 4:30, James F. Freeman III
- Client Authority
- Contractual Claims for Attorneys' Fees/Expenses
- Dealing With Unrepresented Persons
- Ethical Concerns as "Attorney for the Project"