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.
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.
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.
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.
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.
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.
• 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
Resolving Construction Disputes •
Claims and Disputes discussed earlier must be resolved in the earliest and least expensive manner. Learn why so many claims arise on construction projects--some caused by the types of contracts used, some due to Contractor fault, some due to Owner reaction. Get advice on How to Prepare and Present a Claim,
and suggestions about How to Negotiate a Settlement. Compare Litigation and Arbitration advantages and disadvantages. Learn why Alternative Dispute Resolution (ADR) is used so widely today, and compare the differences and results between Dispute Review Boards, Fact Finding, Mediation and Minitrials. Find out why most Owners, including the U.S. Government, are as interested in this approach as most Contractors. Understand the efficiencies and economics of ADR