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Recognizing that a significant need existed for a specially tailored, advanced program devoted exclusively to construction contracting matters, Federal Publications developed this special program several years ago: The Masters Institute in Construction Contracting. We are pleased to once again offer the Institute — completely updated for this presentation.
Concentrating on advanced construction issues, the Institute analyzes the unique problems, practices, rights, remedies, disputes, claims and other demands faced by today’s construction professionals — all presented from the specialized perspectives of owners, primes, contractors, subcontractors, legal advisors, and others.
The foundation of the Institute is its exceptional faculty — six professionals who are leading national authorities on construction contracting matters. Their outstanding qualifications and lecture topics are all detailed in this brochure. You should note, however, that the Institute is specially designed for experienced construction professionals. This is vital if you are to reap the maximum benefits.
Each day of the Institute will be spent with two faculty members. The day will consist of lectures, case studies, illustrative examples, group discussions, individual questioning and consideration of questions on any construction subject — not only on matters scheduled to be raised that day. In addition, Institute attendees will receive an extensive Manual of originally prepared materials prepared by the faculty. Finally, we believe you will greatly benefit from your association with the other attendees — all of whom are expected to be on your professional level. |
Dates and Locations
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July 10-12, 2012
The Westin Hilton Head Island Resort
Hilton Head Island, SC
$1435.00
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Accreditation
This Program is eligible for:
16.5 (60 minute)
This Program is eligible for:
19 (CPE) hours of credit
Program Level: Intermediate
Program Prerequisite: None
Advance Preparation: None
Method: Group-Live
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Daily Schedule
Schedule for Hilton Head: 8:00 AM - 3:00 PM
DAY 1
7:00 - 8:00 AM Registration and breakfast
8:00 – 12:00 PM
(One 15-minute break)
1. Introduction to Changes and Claims
A. Changes/Contract Modifications
1. Definitions:
Scope
Time
Price
2. Bilateral vs. unilateral changes
3. Constructive Changes
4. Negotiations
12:00 – 1:00 PM Lunch Break
1:00 – 3:00 PM
(One 15-minute break)
B. Claims
1. Questions of entitlement
2. Differences of opinion (time/dollars)
3. Requests for equitable adjustment
4. Time extension requests
5. Types of claims
6. Resolution of claims
C. Typical Contract Clauses
1. Federal contract clauses
2. Commercial contracts
3. Risk shifting clauses
DAY 2
7:00 – 8:00 AM Registration
8:00 – 12:00 PM
(One 15-minute break)
2. Baseline, Updated and Revised Construction Schedules
A. Terminology and Definitions
B. Contract Requirements
1. Performance and Scheduling
2. Liquidated Damages
C. Approved or Accepted?
1. Initial Schedule
2. Updates
12:00 – 1:00 PM Lunch Break
1:00 – 3:00 PM
(One 15-minute break)
D. Evaluating the Updated and Revised Schedules
1. Status
2. Critical Path
3. Float
4. The Recovery Schedule
E. Workforce and Cost Loading
F. Comparison and Trend Analyses
1. Schedule Trends
2. Cost Analyses
3. Resource Analyses
DAY 3
7:00 – 8:00 AM Registration
8:00 – 12:00 PM
(One 15-minute break)
3. Understanding Delay Claim Methodologies
A. The As-Planned and As-Built Critical Paths
1. What are they?
2. How are they calculated?
B. Impacted As-Planned Schedules
1. Approach
2. Advantages
3. Disadvantages
4. Case Studies
C. Time Impact Analysis (TIA)
1. Approach
2. Advantages
3. Disadvantages
4. Case Studies
D. Windows Analysis
1. Approach
2. Advantages
3. Disadvantages
E. Collapsed or "But-For" As-Built Schedule
1. Approach
2. Advantages
3. Disadvantages
4. Case Studies
F. As-Planned vs. As-Built Comparisons
1. Approach
2. Advantages
3. Disadvantages
4. Case Studies
12:00 – 1:00 PM Lunch Break
1:00 – 3:00 PM
(One 15-minute break)
4. The Utilization of As-Built Schedules in the Evaluation of Delay Claims
A. Purpose
B. Types of As-Built Schedules
1. Updates
2. "After-the-Fact" As-Built Schedules
C. Information Sources
1. Daily Reports
2. Testing and Inspection Reports
3. Other Contemporaneous Sources
D. Study of Samples
E. Measuring Delay and Determining the As-Built Critical Path
PRACTICAL EXERCISE
Analyzing and Resolving Delay Claims
A. Responsive to Contract Requirements?
1. Claim Provisions
2. Notice
3. Time entitlements
4. Cost entitlement
5. Use of Contract Prescribed Methodologies
B. Understanding Claim Components
C. Determining Claim Approach
1. Identify Methodology of Calculating Delay
2. Determine Whether Use of an Alternate Method Was Possible
D. Documentation Sources
1. Sources Utilized
2. Validate Accuracy of Sources
3. Electronic Data Sources
E. Causation and Responsibility Analysis
F. Entitlement
G. Burden of Proof
Analyzing and Resolving Impact Claims
A. Understanding Concepts, Terms, and Methodologies
B. Productivity vs. Efficiency
C. Methods of Measuring Productivity
D. Documentation Sources
E. Cause and Effect
F. Pricing Impact
G. Burden of Proof
Day One
Philip L. Bruner of Minneapolis, Minnesota.
Philip L. Bruner is an accomplished dispute resolver, arbitrator and mediator of complex engineering and construction disputes, and is Director of JAMS Global Engineering and Construction Group, which provides innovative and effective dispute resolution services to the U.S. and international engineering and construction industry. (See http://www.jamsadr.com/).
He is cited by International Who's Who of Business Lawyers (2005-2007) as one of the world's most highly regarded construction lawyers. He is the 2005 recipient of the Cornerstone Award, the highest honor of the American Bar Association's Forum on the Construction Industry for "exceptional service to the construction industry, to the public and to the legal profession." Mr. Bruner is co-author with Patrick J. O'Connor, Jr. of, "Bruner & O'Connor on Construction Law (West 2002 and supplements 2003-2010)." The 8 volume, 7500 page legal treatise regarded as the most authoritative work ever written on American law governing construction.
Before joining JAMS in 2008, Bruner practiced law for 43 years in the construction law field, the last 17 of which were as a senior partner and founding head of the Construction Law Group of the law firm of Faegre & Benson LLP. His areas of expertise include resolution of complex disputes through mediation, arbitration and other forms of ADR; construction law; surety and fidelity law; architect and engineer professional liability law; contract law; insurance law; international construction law; government contract law; and, the law of damages and remedies.
Lee C. Davis of Atlanta, Georgia.
Mr. Davis is a Partner in the firm of Sutherland Asbill & Brennan LLP, limiting his practice to construction law and the resolution of construction disputes. Mr. Davis is involved in the negotiation, mediation, arbitration and trial of construction matters for his clients throughout the nation and internationally, representing contractors, subcontractors, owners and design professionals.
Mr. Davis graduated magna cum laude from Williams College, where he was selected for membership in the Phi Beta Kappa national honor society. He then attended Emory University School of Law, where he was a member of the Order of Barristers, the Moot Court Special Teams and the Moot Court Labor Law Team coach. He has lectured extensively on construction law throughout the United States and abroad, including lectures and seminars at Colorado State University, The American Law Center in Moscow and the Masters Institute on Construction Contracting (for Federal Publications), and has given lectures and seminars on Practical Construction Law (for Federal Publications), Architect-Engineer Liability and Construction Claims.
Day Two
Geoffrey T. Keating Of Counsel in the Washington, DC law offices of Drinker Biddle & Reath LLP, specializing in construction claims and litigation.
Mr. Keating is a member of various organizations including the American Bar Association’s Public Contract Law Section; Chairman of that Section’s Committee on Construction Claims and past Chair of the Committee on State and Local Claims and Remedies; Arbitrator for the American Arbitration Association’s Construction Industry Panel; and Fellow of the American College of Construction Lawyers. He is an author of many articles on equitable adjustments, claims and construction matters.
Mr. Keating received a Bachelor of Arts degree from Ohio Wesleyan University; and a Juris Doctor degree from The George Washington University National Law Center.
Jim Butler of Atlanta, Georgia.
Mr. Butler is aPartner at Smith, Currie & Hancock, LLP, in the firm’s construction and environmental litigation department. He concentrates in the negotiation, arbitration and litigation of construction, hazardous waste, and Government contracts.
Mr. Butler has extensive experience with a variety of sites and projects including semiconductor facilities, power plants, water and wastewater systems, airports, office buildings, highways, manufacturing and industrial plants, hospitals and government facilities.
He is a contributing Editor to, "Alternative Clauses to Standard Construction Contracts, Design-Build Contracting Handbook and The AGC Environmental Risk Management Procedures Manual." Mr. Butler is a mediator for the American Arbitration Association and a member of its Construction Industry National Panel of Arbitrators; the American Bar Association’s Construction Industry Forum; and the International Bar Association’s Committee on International Construction Contracts.
Day Three
Neal J. Sweeney of Atlanta, Georgia.
Mr. Sweeney is a Partner in the Atlanta law firm of Kilpatrick Stockton, LLP. He has lectured on construction issues for various groups including Associated General Contractors of America, American Society of Civil Engineers, American Bar Association, American Water Works Association, Risk Insurance and Management Society and Water Environment Federation. Mr. Sweeney has written and edited numerous books and articles on a variety of construction topics, including “Holding Subcontractors to Their Bids,” Construction Briefings, Number 86-3, and “Subcontractor Default,” Construction Briefings, Number 87-5, for Federal Publications and several articles for AGC’s Constructor magazine.
His experience includes both private and public projects across the United States ranging from highways to hotels, apartments to airports, city schools to condominiums, to wastewater treatment plants to dams.
Thomas J. Driscoll of Denver, Colorado.
Mr. Driscoll is a Senior Vice President of Hill International. He has more than 25 years of experience as an international consultant in project and construction management practice.
Mr. Driscoll is an author and lecturer on construction management and claims. He is a fellow and past President of the Construction Management Association of America. Mr. Driscoll is a member of the Construction Group Advisory Board for Federal Publications and serves on the Panel of Construction Arbitrators for the American Arbitration Association. He is a member of the Institute of Management Consultants, the American Association of Cost Engineers, the American Society of Civil Engineers, and the Project Management Institute.
Accreditation
This Program is eligible for:
16.5 (60 minute)
This Program is eligible for:
19 (CPE) hours of credit
Program Level: Intermediate
Program Prerequisite: None
Advance Preparation: None
Method: Group-Live
The Westin Hilton Head Island Resort Two Grasslawn Ave
Hilton Head Island, SC 29928
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Register Online
| Date |
Location |
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| July 10-12, 2012 |
Hilton Head Island, SC |
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By Phone
Call (888) 494-3696
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