Concentrated Course in Construction Contracts

Complete Seminar Details

Daily Schedule

Registration: 8:45am on the first day

Meetings: 9:00am-12:00pm and 1:00pm-4:00pm

CLE Hours

This Course is Eligible for

22.0(60 minute)

26.4(50 minute)

CPE Hours

This Course is Eligible for

26.0(CPE) hours of credit.

Program Level: Basic

Program Prerequisite: None

Advance Preparation: None

Method: Group-Live

An intensive four days of practical learning for construction executives and their attorneys.

Sound construction requires a solid foundation. You must build on a base that has depth and strength and structural integrity.

Sound decisions, which affect construction contract operations, must similarly rest upon a solid foundation. A foundation of knowledge that--to complete the analogy--has depth and strength and integrity of reasoning.

There are a variety of ways to acquire that foundation. You can, for example, learn from the "bruises" (the harsh crucible of experience). Or you can learn from a lengthy course of academic study. Or you can learn by devoting yourself to a brief, but demanding, program of concentrated instruction......if you can find one. We couldn't.

Although there are fine seminars offered in limited areas of construction contracting, none attempt to deal with the full range of legal, business, and management problems encountered in the construction process. To develop such an ambitious short course is, in fact, an imposing challenge. But it is a challenge that we have felt should be met. It is a challenge that we believe has been met with this unique Concentrated Course in Construction Contracts.

You must, of course, make your own evaluation of the course's worth. In so doing, we suggest you first read the balance of this brochure to familiarize yourself with the extensive, and intensive, scope of its coverage. Consider, too, not only the number of significant subjects included in the curriculum, but the character of the faculty--distinguished attorneys and consultants--for this is a key indicator of the program's value. They are professionals who, by combining construction learning and living, are equipped to help you avoid those "bruises" of experience that might otherwise be suffered.

We do not, of course, promise you all the answers. No program can. But we do promise four days of unprecedented opportunity for practical education in construction law and contract operations. If you wish to pursue that opportunity, if you apply yourself to its demands, if you are willing to work hard in order to realize its full potential, we believe you will come away with the seeds of future successes.

The Course Curriculum

DAY ONE

Project Organization, Job Set Up and Claim Avoidance Organization: Project and corporate organizations that promote successful projects. Job Set-Up, Computerization, Documentation: The "Teamwork Strategy"; key work supervision decisions; computerizing projects; monitoring and documenting job progress. Scheduling Coordination, Project Control: Effective scheduling and project management techniques; updating schedules. Who owns the float? Implementing techniques to save time and money. Claims Avoidance Techniques.

Bond, Liens and Insurance Bonds: Obtaining bonds--application and indemnity form; qualification factors; sureties and brokers. Types and forms of bonds--bid bond; payment bonds; performance bonds. Liabilities and rights of the owner, contractor, subcontractor and surety. Liens: Types of liens; application, scope and limitations; effect on the work; contractor's defenses; liens discharge bonds. Insurance: What's insurable, what's not. Potential lapses and gaps in coverage. Broker's services. Types of policies; public liability and property. The key words of coverage and exclusion.

DAY TWO

Specifications and Bidding Specifications: Standard AID, AGC, EFJCDC contract forms; comparison contract types--fixed-price; cost-plus ; design-build; construction manager. Preparation of drawings and specifications; complying with regulatory requirements; avoiding disputes. Specification interpretation intent; custom usage; consistency; specific vs. general; ambiguities. Architect's "warranty". Prosecuting and defending defective specification claims. Environmental requirements; effect on specification and performance. Bidding: Contract types; public vs. private; fixed-price vs. cost-plus; competitively bid vs. negotiated. Should you bid; considerations other than price. Preparing bids -- preventing faulty estimates; modification responsiveness and mistakes. Protesting awards to others.

Subcontracts Selection: Sub selection factors. Sub's bonds. Bid shopping dangers -- sub listing; sub’s bid withdrawal; firm quotes. Competitive bidding vs. negotiation. Pre-bid discussions and job site investigations. Financing subs. Subcontract Provisions: Types of subcontracts. Standard forms. Flowdown clauses. Specific terms scope; schedules; safety; payment and retainage; indemnity; default; liquidated damages; disputes; unwritten obligations. Administration: Duty to coordinate and cooperate. Sub's duties. Review of drawings. Inspections. Suppliers. Disputes, claims and changes. Remedies for sub's defective and late performance. Termination and damages. Sub and owners. Disputes between subs. Liability to third parties. Negotiation, arbitration and Court actions.

DAY THREE

Changes/Changed Conditions Changes: Applicable contract clauses. Authority to order. Agreed changes and owner's unilateral changes. Formal and "constructive" changes; changes that cannot be made. Changed Conditions: Contract clauses. Misrepresented conditions; owner's superior knowledge; unknown and unusual conditions; underground conditions; quality variations; natural vs. man-made conditions; non-physical conditions; time of condition's existence. Site investigation. Owner disclaimers. Contingency planning. Notice/required notices. Notices from subcontractors. Failure to give notice; constructive notice; waivers; lack of prejudice to owner. Remedies: Time extensions. Price increases.

Delay, Suspension and Acceleration Delay: Inexcusable and excusable delays. Consequences. Damages. Subcontractor delays. Applicable clauses. Suspension: Work suspension and stoppages. Clauses. Owner-ordered suspensions -- "constructive" suspensions; reasonableness; outside factors. Acceleration: Delays and accelerations of work. Formally ordered acceleration. "Constructive" acceleration -- excusable delay; notice to owner; denial of time extension; owner's acceleration order -- "request;" performance under protest. Accelerating subs. Proof: Use of CPM, bar charts, other scheduling techniques, expert witnesses. Agreeing on and revising the schedule. Remedies; Contractor notice requirements. Time extensions. Dollar recovery -- calculations; labor, equipment, material bonding and subcontractor costs; overhead; inefficiency and idle labor factors; standby and acceleration elements; special damages; profit.

DAY FOUR

The UCC in Construction Activities Performance/Completion Factors. Uniform Commercial Code's key provisions and applicability to construction contracts, subcontracts and suppliers. Performance: Standards of performance -- proper job manning; good workmanship and appropriate material; industry guides. Inspection: Contractor's quality control duties; architect's supervision/approval; owner's inspection rights and approval. Punch-list. Contractor's liability for latent defects. Acceptance: Doctrines of "substantial performance" and "beneficial occupancy." Accepting part/all of work. Interim acceptance; implied acceptance. Job Close-out: Windup procedures; records; reports; final payments. Warranties: Warranty clauses; interpretation; operation. UCC implied and express warranties.

Contract Breaches and Disputes Claim and Disputes: Risk sharing. Sources of claims. Breach of the contract. Warranties. Sovereign immunity. Public projects. Breach vs. substantial performance. Role of A-E. Negligent conduct performance. Contract Changes Clauses: Formal vs. constructive vs. cardinal. Delay Categories: Excusable. Events beyond the contractor's control. Inexcusable delays. Concurrent delay. Recovery for delay. Risk Shifting Provisions: "No damages for delay" clauses. Differing site conditions. Indemnification of the owner. Environmental Liability: Risk shifting. New construction and environmental considerations. Troublesome contract clauses. Clauses that share the risks. Dispute Resolution: Overview. The new alternatives. Negotiation. Mediation. Role of the mediator. Other alternative dispute resolution methods.

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