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Public Course

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
July 17-19, 2017
The Westin Hilton Head Island
Hilton Head Island, SC
$1400
REGISTER
DAILY SCHEDULE
Day 1
8:00 AM - 3:00 PM
Schedule for La Jolla, CA and Hilton Head, SC Weeklong Conferences
9:00 AM - 4:00 PM
All other locations
 
Day 2
8:00 AM - 3:00 PM
Schedule for La Jolla, CA and Hilton Head, SC Weeklong Conferences
9:00 AM - 4:00 PM
All other locations
 
Day 3
8:00 AM - 12:00 PM
Schedule for La Jolla, CA and Hilton Head, SC Weeklong Conferences
9:00 AM - 12:00 PM
All other locations

DAY 1

Registration and Breakfast 

Day One

I. Generalship of Construction Disputes

Implications of the Contextual Contract

Implied and Express Obligations Arising from Principle of Control

Owners and Contractor's Implied Warranties

Changed Conditions

Allocation of Risk, failure to Disclose, Misrepresentations

Termination for Default


II. Settling Disputes while Avoiding Costly Discovery, Arbitration or Trial

Preparing Claims

Negotiating Settlements: Selecting the Team, Analyzing Opposition, Strategy

Alternative Dispute Resolution: Drafting Submission Agreements, Choosing the Mediator, ADR team and strategy


Day Two


III. The Prime Contractor's Perspective: Construction, Claims and Disputes

Contract Performance and Risk Allocation

Law and Issues Relating to Effective Performance

Responsibilities of Parties: Owner, Architect, Contractor, Subcontractor, Supplier, Manufacturer

Remedies for Breach and Damages

 
IV. Owner's Perspective: Construction, Claims and Disputes

Contract Relationships

Avoiding Claims during Design and Construction

Advanced Procedures for Dealing with Claims

Owner Defenses Against Claims

Claims by Owners

Resolving and Settling Claims


Day Three

V. Subcontractor's Perspective

Subcontractor Provisions

Subcontract Administration

Changes and Claims

Disputes Between Subcontractors and Owners


VI. Using the Schedule and a Tool

Value of the Schedule to the Owner, Contractor and Subcontractor

Complying with Contract Scheduling Requirements

Legal Implications of Scheduling and Recent Case Law

Preparing, Defending and Resolving Delay Claims

Role of Delay Expert

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. 
 
Larry Dany
Lawrence (Larry) Dany is a Partner in the New York office of Sutherland Asbill & Brennan LLP, and a member of the firm’s Construction Industry Practice Group.  He represents construction managers, general contractors, industrial contractors, specialty contractors and their surety companies in disputes related to complex construction projects, including breach of contract, change orders, schedule delays, lost productivity, mechanics’ lien issues, payment and performance bonds and insurance. Mr. Dany’s practice also involves process safety litigation, occupational health and safety litigation, and industrial and construction workplace incident response. When alleged violations arise, he guides internal investigations, prepares strategic responses to inquiries and defends entities in connection with investigations and enforcement actions brought by government agencies.  
Mr. Dany holds B.A., J.D. and M.B.A. degrees from the University of Florida. From 2002 through 2003, he served as a law clerk to the Honorable Maurice M. Paul of the U.S. District Court for the Northern District of Florida. Mr. Dany is a regular columnist for Construction Today and other trade publications, and has lectured on construction issues at various forums including The Construction SuperConference. He is member of various organizations including the Construction Law Committees for the Association of the Bar of the City of New York and New York County Lawyers Association.

Lee C. Davis  
of Atlanta, Georgia, is a Partner in the firm of Sutherland Asbill & Brennan LLP and Chair of its Construction Industry Practice Group, 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. He has extensive experience as lead counsel on a wide range of projects, including (among others) power plants, industrial facilities, wastewater treatment plants, hotels, resorts, condominiums, shopping centers, hospitals, office buildings and apartments. Lee’s clients include major EPC contractors, general contractors, subcontractors, design professionals owners, municipal districts, and material suppliers in large industrial and commercial construction projects. For these clients, Lee has regularly advanced and defended eight-figure claims, drafted contracts and provided advice on project management and claim avoidance.
 
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. Among other honors, he is recognized in the top band by Chambers USA: Guide to Leading Business Lawyers in the area of Construction Law (2005-2013), a Fellow in the American College of Construction Lawyers and is named to The Best Lawyers in America in the area of Litigation – Construction Law (2003-2013).

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.
 
Robert M. D’Onofrio, P.E. is a Principal at Capital Project Management, Inc. in Blue Bell, PA. With a prior firm, he spent five years on-site on the World Trade Center construction in New York City, where his responsibilities included review of schedule delay and disruption claims on behalf of the owner.  Mr. D’Onofrio has evaluated over $4 billion in claims on construction projects. He is the co-author of the 800-page treatise Construction Schedule Delays published by Thomson Reuters in 2014 and updated annually. Mr. D’Onofrio is a faculty member for Federal Publications Seminars, where he teaches courses on schedule delay analysis and loss of productivity, and has over 15 publications and over 50 lectures on construction topics. He chairs the American Society of Civil Engineers’ (ASCE’s) and American National Standards Institute’s (ANSI’s) Schedule Delay Analysis industry standard committee, is on the Board of Governors of the ASCE Construction Institute, an editorial board member of ASCE’s Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, and a board member of the Project Management College of Scheduling. Mr. D’Onofrio is a licensed professional engineer in New York, Pennsylvania, and Florida. He holds a B.S. in Civil Engineering from Cornell University, and an M.Eng. in Civil Engineering from Cornell University.
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: 19.5 (CPE) hours of credit
Program Level: Intermediate
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: 17.0 (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: 16.5 (60 minutes), 19.5 (50 minutes)
The Westin Hilton Head Island
2 Grasslawn Avenue
Hilton Head Island, SC 29928
8886278551
RESERVATIONS AT GROUP RATE
Federal Publications' room block rate is $233/night plus taxes, plus a discounted resort fee of $8 (not reflected until checkout). Reservations must be made by Monday, June 16, 2017 and are subject to availability.  For guest room reservations, click here
RESERVATIONS AT GOVERNMENT PER DIEM

Please note that we have a LIMITED number of guest rooms available at the government per diem ($144/night plus taxes, plus a discounted resort fee of $8 [not reflected until checkout]. Reservations must be made by Monday, June 16 and are subject to availability. 

These rooms are limited to ONE ATTENDEE PER QUALIFYING COMPANY, and you will be required to present a valid government ID upon check-in to confirm use of government rate.

TRAVEL INFORMATION

Federal Publications' room block rate is $233/night plus taxes, plus a discounted resort fee of $8 (not reflected until checkout). Reservations must be made by Monday, June 16, 2017 and are subject to availability.  For guest room reservations, click here

Guest Rooms at the Government Per Diem:
Please note that we have a LIMITED number of guest rooms available at the government per diem ($144/night plus taxes, plus a discounted resort fee of $8 [not reflected until checkout]. Reservations must be made by Monday, June 16 and are subject to availability. 

These rooms are limited to ONE ATTENDEE PER QUALIFYING COMPANY, and you will be required to present a valid government ID upon check-in to confirm use of government rate.

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.
Register Now for:
The Masters Institute In Construction Contracting
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Date Location
July 17-19, 2017 Hilton Head Island, SC
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By Phone
Call (888) 494-3696