Construction Contracting

Complete Seminar Details

Class Length: 5 Days

Class Hours: 8:30 a.m. - 3:30 p.m., except last day 8:30 a.m. - 12:30 p.m.

Learn How To

• Contract negotiations
• Bid protests
• Insurance requirements
• Calculating, proving and recovering additional costs
• Presenting and defending against claims
• Types of changes
• Owners' and contractors' responsibilities

Course Synopsis

Construction contracts are therefore subject to a variety of legal requirements that govern the rights and responsibilities of the parties. In addition to state and local ordinances, regulations and common law decisions that may apply, federal law governs many facets of the process, even under some state and local contracts.

This course prepares you for the complexities of construction contracting, whether you're a contractor, an owner, a government agency representative or are otherwise involved.

In five information-packed days, you'll gain an understanding of the entire contracting process, so you'll be able to deal effectively with all parties involved. You'll get a solid grounding in the laws and requirements that govern the award of public contracts, including bid protests.

Because contract changes are probable, if not inevitable, and disputes are always possible, this course covers your rights and responsibilities and offers remedies in these matters. You'll learn how the specific language of the contract invokes consequences that can have a tremendous impact on you - consequences you must be aware of before you commit to the contract terms.

Course Topics

• The construction industry
• Authority for contracting
• Authority of an owner's agents
• Applicable laws
• Labor relations

Forming the Contract

• Solicitation preparation
• Bid solicitation
• Negotiated procurement
• Evaluation and award

Award Controversies

• Bid protests
• Federal court litigations
• Small business disputes
• State and local procedures

Contract Interpretation and Risk Allocation

• Rules and ambiguities
• Incorrect statements and nondisclosure
• Government warranties
• Contractor guarantees
• Proportional risk allocations

Changes and Claims

• Owner-ordered changes
• Contractor-initiated changes and claims
• Constructive changes

Differing Site Conditions

• Legal principles
• Risk-shifting clauses
• Type I and Type II conditions
• Site of inspection and data investigation
• Exculpatory clauses
• Equitable adjustment

Delays, Suspension of Work and Acceleration

• Excusable and compensable delays
• Impact
• Acceleration
• Liquidated damages

Cost Recovery

• Basic recoverable costs
• Theories of recovery
• Inefficiency and delay claims
• Eichleay, overhead and profit

Inspection, Acceptance and Warranties

• Inspection
• Rejection and acceptance
• Warranty provisions

Termination and Remedies

• Unilateral right to terminate
• Prerequisites for default
• Recoverable damages

Payment and Discharge

• Progress payments and cost reimbursement
• Owner's right to withhold

Bonds and Insurance

• Bid bonds
• Payment bonds
• Performance bond issues
• Builder's risk insurance
• Liability insurance

Contract Disputes

• Types of disputes
• Statutory requirements
• Alternative dispute resolution/arbitration

Subcontracts

• Contract formation-estoppel
• Performance disputes
• Claims and "pass through" procedures

The Civil False Claims Act and the Code of Ethics

Contract Closeout and Administration

Professional Development Units - PDUs: 28.0

Sponsor Background:

As the demand for project management expertise increased, ESI began offering public courses.

To date, more than 250,000 students from 50 countries around the world have benefited from the courses. As a result, our Project Management Professional Development Program has achieved the distinction of being the world's most comprehensive education program for building project management knowledge and skills.

Discounts and Payment Policy

Receive 10 percent off your registration when you sign up for two or more classes or you register yourself and a friend for the same course at the same time. You must sign up for the courses at the same time and pay in advance. Course discounts do not apply toward The Project Advantage course, the PMP Exam Preparation course or any e-training course.

In case of a course cancellation, substitutions can be arranged. Double Deal discounts cannot be applied to any past classes and are not applicable to e-training courses, the PMP Exam Preparation course or The ProjectAdvantage.

Quote From Past Participants:

"Excellent textbook, good for future reference. Excellent lectures with practical experiences.." - Contracting Officer, National Park Service

"It was great to have someone who knows construction inside and out - both as construction manager and legal counsel." - Buyer, Lockheed Martin Corporation