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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
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

Todd Weidemann

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.



DAY 2

Terrence Brookie

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.


DAY 3

James Newland


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. 


DAY 4

Neal Sweeney 



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



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

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.

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.

Neal J. Sweeney, Partner, Jones Walker, LLP
Mr. Sweeney is a partner in the law firm of Jones Walker 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.

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. 

MEET YOUR CONTINUING EDUCATION CREDIT REQUIREMENTS
SEE INDIVIDUAL COURSES FOR AVAILABLE CREDITS
Certificates of Completion are provided to all seminar participants who attend Federal Publications Seminars courses following the event, upon request.
NCMA: CONTRACT MANAGER CERTIFICATION
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: 26.0 (CPE) hours of credit
Program Level: Basic
Program Prerequisite: None
Advance Preparation: None
Method: Group-Live
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: 22.0 (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: 22.0 (60 minutes), 26.0 (50 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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Concentrated Course in Construction Contracts
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