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Go Deeper Into The Issues in All Facets of the Construction Industry
This new 2 day program builds on your professional knowledge as well as the knowledge gained from our other construction related programs we offer.  Advanced Construction Contracting expands upon basic principles of construction contracts by going deeper into issues in all facets facing the industry and contractors involved in federal government construction projects.  It will review common challenges but explore current and relevant issues facing contractors today.   From the award to the close out, our experienced instructor will be able to engage you on just about any legal issue facing the government contract construction industry today.  

The class will start with an overview of construction contracting under the federal procurement system in general and then cover a variety of topics related to issues surrounding bidding for an executing construction projects for the federal government, which will certainly become an open discussion with the class participants.  These main areas include:
  • General Overview and History
  • Bidding vs Negotiations
  • Project Organization
  • Risk Mitigation
  • Complying with Labor Laws Related To Construction
  • Bonds, Liens and Insurance
  • Subcontracting and Subcontract provisions
  • Scheduling and Delays
  • Changes and Acceleration
  • Close Out Procedures
  • REAs, Claims & Dispute Resolution
Dates and Locations

This course will be scheduled soon. Please enter your information below to receive a notification when the class is scheduled.

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DAILY SCHEDULE
9:00 AM - 4:00 PM

DAY 1

 1.     General Overview

a.     Statutory & Regulatory Framework

b.      Key Players & Government Representatives – Roles & Responsibilities

c.      Authority of Government Personnel - Who Has It, Who Lacks It & What Problems Can Arise When Dealing With Unauthorized Representatives?

 

2.     Project Organization

a.     What is Project Management?

b.     Types of Project Delivery Systems

                                                  i.    Traditional

                                                 ii.    Construction Management

                                                iii.    Construction Management at Risk

                                                iv.    Design-Build

                                                 v.    Other Delivery Systems

c.     Project Kickoff & The Need for Timely Submission of Administrative Submittals

 

3.     Risk Mitigation

a.     Different Types of Risks Encountered in Construction Contracting

b.     Understanding the Major Clauses in Construction Contracts

c.     Allocation of Risk/Risk Management Among the Parties (Government, Design Professionals, General Contractors & Subcontractors)

                                                  i.    Liquidated Damages

                                                 ii.    Use of Surety Bonds, Liens & Insurance to Mitigate Risk

                                                iii.    Effectiveness of Indemnity Provisions

 4.     Complying with Labor Laws Related to Construction

a.     The Davis-Bacon & Related Acts

                                                  i.    History and Purpose

                                                 ii.    Requirements of the Act

                                                iii.    Wage Determinations

                                                iv.    Special Compliance Issues/Problems

                                                 v.    Sanctions for Violations

b.     Equal Opportunity & Affirmative Action

c.     Other Labor & Employment Policies & Provisions

 

5.     Subcontracting & Subcontract provisions

a.     Key Concepts

                                                  i.    Definition of Subcontract & Subcontractor

                                                 ii.    Privity of Contract

b.     Government Oversight

                                                  i.    Competition in Subcontracting

                                                 ii.    Small Business Subcontracting Issues

The Ostensible Subcontractor Rule

Limitations on Subcontracting

Small Business Subcontracting Plans

                                                iii.    Limitations on Subcontract Type

                                                iv.    Consent/Notification Requirements vs. Purchasing System Reviews

c.     Flowing Down Subcontract Terms & Conditions – Benefits & Pitfalls

d.     Resolving Disputes with Subcontractors

                                                  i.    Prime-Subcontractor Disputes

                                                 ii.    Government-Subcontractor Disputes

                                                iii.    Sponsorship of Claims

 

DAY 2

 

6.     Scheduling & Delays/Disruptions

a.     Establishing & Managing Construction Schedules

                                                  i.    Guidelines and Considerations for Project Scheduling

                                                 ii.    The Use of Critical Path

                                                iii.    Float Time – What is it and who owns it?

                                                iv.    Critical Importance of Updating the Schedule & Its Effect on Project Management/Payments

b.     Suspension of Work Clause

                                                  i.    Analysis of Clause

                                                 ii.    Requirement for Government Direction or Fault

                                                iii.    Reasonable vs. Unreasonable Delays

                                                iv.    Recoverable Costs

c.     Delays/Disruptions

                                                  i.    Excusable Delays

                                                 ii.    Compensable Delays

                                                iii.    Concurrent Delays

                                                iv.    Effect Of Cumulative Impacts on Schedule Delays

 

7.     Changes, Acceleration & Differing Site Conditions

a.     Analysis of the Changes Clause

b.     Types & Required Elements of Changes & their Effect on Project Management

                                                  i.    Formal Changes

                                                 ii.    Constructive Change

                                                iii.    Significance of Constructive Changes

c.     Acceleration

                                                  i.    Actual

                                                 ii.    Constructive

d.     Differing Site Conditions

                                                  i.    Types of Differing Site Conditions & Types of Proof Needed To Recover Additional Costs/Delays

                                                 ii.    Duty to Investigate Site

                                                iii.    Site Availability Issues

e.     Notice Requirements

 

8.     Project Close Out

a.     Completion vs. Substantial Completion

                                                  i.    Resolving Punchlist Items

                                                 ii.    Occupancy by Owner Prior to Completion

b.     Final Acceptance

                                                  i.    Delivery of Final Records (As Built Drawings/Operating Manuals, etc.)

                                                 ii.    Testing, Balancing & Commissioning

                                                iii.    Proving Final Acceptance Has Occurred

                                                iv.    Finality of Acceptance

                                                 v.    Post Acceptance Remedies & Warranty Issues

c.     Final Payment & Release of Retainage

d.     The Benefit of Lessons Learned

 

9.     Requests for Equitable Adjustment, Claims & Dispute Resolution

a.     Requests for Equitable Adjustment vs. Contract Claims

1.     Differences & Similarities Between REAs & Claims

2.     Burdens of Proof

3.     Certification Requirements

4.     Basic Computation Rules -- Determining Dollar Recovery

a.     Direct Costs

b.    Indirect Costs

c.     Unabsorbed Overhead (Field vs. Home Office Costs)

5.     Certified Cost or Pricing Data Requirements

b.     Dispute Resolution Process under the Contract Disputes Act

1.     Preparation of the Claim/Procedural Aspects

2.     Elements of Recovery

a.     Entitlement

b.    Quantum

c.     Limitations Under Applicable Clauses

d.    Commonly Used Quantification Techniques

3.     The Appeals Process – Which to Choose?

c.     Other Available Remedies

1.     Recovery of Attorney & Other Consultant Fees During Claim/REA Preparation Process

2.     Ratification of Informal Commitments

3.     Extraordinary Contractual Relief

4.     Equal Access to Justice Act

Brian A. Darst, Of Counsel
Odin, Feldman & Pittleman, P.C. 

Brian Darst
focuses his practice on legal matters involving government and commercial contracts law. He has experience handling bid protests, claims preparation and litigation, internal investigations, voluntary disclosures, procurement fraud investigations, and various contract formation and administration issues.

Brian has successfully represented numerous small, medium and large businesses before the United States Government Accountability Office, Boards of Contract Appeals, the Small Business Administration, the Federal Aviation Administration, District Courts, the United States Court of Federal Claims, and various state courts and administrative bodies. He is a frequent lecturer on government and commercial contracting issues and has conducted public and private seminars at various locations throughout the United States, as well as in Australia, Brazil, and Japan. Prior to entering private practice in 1991, Brian served as an attorney with the United States Navy’s Office of General Counsel and represented the Navy in matters involving the acquisition and administration of service and supply contracts for the Naval Sea Systems Command.

AREAS OF CONCENTRATION
Government Contracts
  • Construction Contracts
  • Commercial Contracts
  • Claims & Disputes
  • Bid Protests & Defenses
  • Small Business Matters
  • Bid Protests & Defenses
  • Small Business Matters
  • Claims & Disputes
  • State & Local Contracting
  • Internal Investigation & Voluntary Disclosures
  • Suspension & Debarment Proceedings
  • Compliance Counseling
  • Procurement Fraud
  • Contract Formation & Contract Administration
  • Subcontracting Issues
  • Mergers & Acquisitions of Government Contracts

EDUCATION
J.D., West Virginia University, 1987
West Virginia University Law Review
Order of the Coif (top 10 percent)
B.A., summa cum laude, Marshall University, 1984
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Certificates of Completion are provided to all seminar participants who attend Federal Publications Seminars courses following the event, upon request.
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All Federal Publications Seminars courses meet the course requirements of the National Contract Management Association’s certification programs. We are a proud Education Partner of the NCMA.
CPE: CONTINUING PROFESSIONAL EDUCATION
Federal Publications Seminars is part of West Professional Development, which is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have the final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.learningmarket.org.
CPE HOURS
This Program is eligible for: 11 (CPE) hours of credit
Program Level: Advanced
Program Prerequisite: n/a
Advance Preparation: n/a
Method: n/a
CLP: CONTINUOUS LEARNING POINTS
APPROVED FOR CLP BY
DEFENSE ACQUISITION UNIVERSITY
Defense Acquisition Workforce members must acquire 80 Continuous Learning Points (CLP) every two years from the date of entry into the acquisition workforce for as long as the member remains in an acquisition position per DoD Instruction 5000.66. We will provide you with documentation of points awarded for completing the event.
CLP HOURS
This Program is eligible for: 11 (CLP) hours of credit
CLE: CONTINUING LEGAL EDUCATION
States have widely varying regulations regarding MCLE credit. LegalEdcenter is an approved provider in AL, AK, AR, CA, GA, IL, ME, MO, MS, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, PA, RI, SC, TN, TX, UT, VA, VI, VT, WA, WI, and WV. Credit may be applied for in other jurisdictions on request and in accordance with state MCLE rules.
** Please note that because some states are changing their policy on CLE reporting, you will need to fill out the request for credit from Federal Publications Seminars within 10 business days, or we may not be able to issue credits for the program.
CLE HOURS
This Program is eligible for: 11 (60 minutes),
100
Basic or fundamental subject matter is covered. Courses are geared to general knowledge or can be taken as a refresher.
200
Specific topics or issues within a topic area are covered. Students should be familiar with terms of art and general concepts concerning the course topic.
300
Workshops and class discussions cover specific subject matter in-depth, and participation is strongly encouraged. Attendees should have at least 2-3 years' experience in the area of study.
400
Courses build upon students' knowledge and experience, and cover complex issues within the subject matter. Should have 4-5 years' mastery of subject for in-depth analysis.
500
Masters-level programs designed for professionals with 5+ years' experience. Courses cover in-depth and technical analysis on specific subjects and updates on current issues.
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Advanced Construction Contracting
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