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This comprehensive, four-day overview of construction contracts will cover the construction contracting process from beginning to end. Our expert instructors will address the mechanics of every stage in the process, from preparing and scheduling the job, bidding on through to closeout.
A sample of topics to be covered include:
- Project Organization, Job Set Up and Claim Avoidance
- Scheduling Coordination, Project Control: Effective scheduling and project management techniques; updating schedules. Who owns the float?
- Bond, Liens and Insurance
- Specifications, Bidding and Contract Types
- Subcontracts: Sub selection factors. Sub's bonds. Bid shopping dangers -- sub listing; sub’s bid withdrawal; firm quotes. Subcontract Provisions
- Competitive bidding vs. Negotiation. Pre-bid discussions and job site investigations
- Changes/Changed Conditions, Remedies: Time extensions. Price increases, Delay, Suspension and Acceleration
- The UCC in Construction Activities
- Job Close-out: Wind-up procedures; records; reports; final payments.
- Resolving Contract Disputes
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Dates and Locations
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Accreditation
This Program is eligible for:
22.0 (60 minute)
26.4 (50 minute)
This Program is eligible for:
26.0 (CPE) hours of credit
Program Level: Basic
Program Prerequisite: None
Advance Preparation: None
Method: Group-Live
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Daily Schedule
9:00 AM - 4:00 PM
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.
Resolving Contract 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 top 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.
Terrence Brookie, Member of Frost Brown Todd LLC
Terry Brookie concentrates his practice at Frost Brown Todd in the area of construction, surety and fidelity law, and business litigation disputes, contract preparation, and negotiation matters. He is also a mediator and arbitrator of construction and commercial disputes and is admitted to practice in both the state of Indiana and federal courts.
Marvin T. Fabyanske, Partner, Fabyanske, Westra, Hart and Thomson
Mr. Fabyanske, a founding shareholder of his firm, practices in construction litigation, surety, and insurance law. He is a member of the American Bar Association (member of the Forum Committee on Construction, Tort and Insurance Practice Section, member and past chair of the Alternative Dispute Resolution Committee) and the International Association of Defense Counsel, and a founding fellow of the American College of Construction Lawyers.
Roy S. Mitchell, Esq.
A prolific author and seasoned lecturer who has taught nationally and internationally, Mr. Mitchell has written over 300 articles and seminars on international and domestic construction contracts, construction contract administration, arbitration and mediation rules and techniques, negotiation, construction, government contracts, and engineering law. He has extensive international experience, having worked in 35 countries in his career.
James R. Newland, Jr., Partner, Seyfarth Shaw LLP
James Newland is a partner in Seyfarth Shaw, LLP and his law practice focuses entirely on major construction and public works projects, including non-contentious and contentious matters and the provision of advice regarding the management of troubled projects during the construction period. He represents national and international contractors and project owners in transactional work, arbitration and litigation, including arbitration claims against foreign governments. He has significant experience in vertical construction, power and heavy civil contracting and claims as well as in design-build, alliance contracting and traditional design-bid build delivery formats. Government construction contracting is a major focus of his work.
For the prior 10 years, Jim has been an instructor for Federal Publications (Thomson Reuters/West) and he leads public and in-house training programs for major industrial and civil contractors, owners and government agencies.
Prior to practicing law, Jim was a licensed architect and worked as a project manager on development projects. Given this experience, Jim is frequently called upon to counsel clients on risk management and allocation, advising on troubled projects during the construction phase, project work-outs and project closeout strategies.
Jim received a BA from Virginia Polytechnic Institute and State University and earned his JD from the University of Pittsburgh School of Law.
John G. Patterson, Attorney, Fredrikson & Byron P.A.
John is a shareholder with the Real Estate and Litigation groups. His emphasis is on construction and real estate law. His experience includes construction claims and contract review, representing owners, architects, contractors, subcontractors, engineers, and suppliers. He has also served as a mediator or arbitrator in more than 100 cases primarily in the areas of construction, general commercial litigation, and real estate. He is a member of the American Arbitration Association’s panel of construction arbitrators.
Hugh E. Reynolds, Jr., Senior Partner, Lock Reynolds LLP
Hugh Reynolds has been actively engaged in litigation, arbitration and mediation in the areas of fidelity and surety, construction law, product liability and commercial disputes for over 50 years. He was actively engaged in arbitration and mediation and on both the Construction and the Commercial Arbitration Panels for the American Arbitration Association. Often recognized for his achievements, Mr. Reynolds has received many awards and other recognition.
Keith L. Richardson, Kilpatrick Stockton, LLP
Keith Richardson focuses his practice almost exclusively on construction and government contracting law. Mr. Richardson has mediated, arbitrated and litigated a wide variety of construction disputes for owners, contractors and subcontractors on public and private projects. Mr. Richardson regularly counsels clients concerning risk management on projects and on drafting design and construction contracts.
Neal J. Sweeney, Partner, Kilpatrick Stockton, LLP
Mr. Sweeney is a partner in the law firm of Kilpatrick Stockton LLP. He practices exclusively in the area of construction law and public contracts, with further concentration in large public works projects. He has extensive experience in various forms of construction Alternative Dispute Resolution (“ADR”) techniques, including dispute review boards, mediation and structured negotiation. Mr. Sweeney has handled claims, litigation, and arbitration involving many federal agencies.
Paul J. Walstad, Partner, The Walstad Law Group
Mr. Walstad is an attorney specializing in corporate and contract law, construction law and claims. His career and talents span several industries and projects in many countries of the world. Although he practices in several fields of endeavor, he is internationally known as a lawyer, author and counselor in the field of construction law, claims and litigation.He has counseled and advised CEOs of major companies and their general counsel and has assisted trial counsel on various cases around the globe.
Todd W. Weidemann, Partner, Woods & Aitken LLP
Todd’s practice is focused primarily on civil litigation, including construction law, general commercial law, and real estate law. He represents construction contractors, owners, or design professionals in a variety of construction related matters, including contract review and negotiation, dispute and claim avoidance, and dispute resolution through mediation, arbitration or litigation. He also represents individuals and private companies related to commercial law matters including contract formation and dispute resolution.
Accreditation
This Program is eligible for:
22.0 (60 minute)
26.4 (50 minute)
This Program is eligible for:
26.0 (CPE) hours of credit
Program Level: Basic
Program Prerequisite: None
Advance Preparation: None
Method: Group-Live
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By Phone
Call (888) 494-3696
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