An accelerated advanced course analyzing the unique problems, practices, rights, remedies, disputes, claims, and other demands faced by construction professionals.
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 below. 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 original 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.
The Masters Institute in Construction Contracting Course Curriculum & Faculty
Day One
Philip L. Bruner of Minneapolis, Minnesota
Respected arbitrator and mediator of complex construction disputes and head of The Engineering and Construction Group of JAMS—The Resolution Experts! (www.JAMSADR.com) devoted to providing effective construction dispute resolution services worldwide. Practicing lawyer for 44 years and a former senior partner and founding head of the construction law group of one of America’s largest law firms. Noted author and lecturer. Co-author of the 7 volume, 6500 page legal treatise, BRUNER & O’CONNOR ON CONSTRUCTION LAW. President (2006-2007), The American College of Construction Lawyers. Recipient of the Cornerstone Award”, the highest honor of the American Bar Association Forum on the Construction Industry for “service to the construction industry, to the public and to the legal profession.” Life Fellow of the American Bar Foundation. Former Adjunct Professor teaching Construction law at the University of Minnesota Law School and at William Mitchell College of Law. Chair, West’s Construction Industry Advisory Board. Cited by International Who’s Who of Business Lawyers as one of the world’s most highly regarded construction lawyers; listed in the Best Lawyers in America. Bachelor of Arts Degree, Princeton University; Master of Business Administration Degree, Syracuse University; Juris Doctor Degree, The University of Michigan Law School.
Areas of Discussion: Generalship of Complex Construction Disputes: Understanding the Contract and resolving complex disputes. Implications of the Modern "Contextual" Contract – implied and express duties and warranties, cardinal and constructive changes, rules for resolving ambiguous contract language; Termination for Default – the "material" breach and concepts of cure, notice, waiver, motive, economic waste and substantial performance; Options for dispute resolution and selection of the right ADR mechanism – structured negotiation, mediation, conciliation, standing project neutral, Independent Decision Maker, dispute review board, adjudication, mini-trial/mini-arbitration, "baseball" arbitration, arbitration, litigation "war".
Lee C. Davis of Atlanta, Georgia
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.
Areas of Discussion: Settling disputes while avoiding costly and time-consuming discovery, arbitration or trial. Preparing claims: sources of information, practical considerations, documentation, preparation. Negotiating settlements: selecting a team, analyzing the opposition, techniques. Alternative dispute resolution: mediation, mini-trials, baseball arbitration. The imperative to draft the right submission agreement, choose the right mediator, mini-trial judge, or baseball arbitrator, and select the right ADR team and strategy.
Day Two
Geoff Keating of Washington, DC
is Of Counsel in the Washington, DC law offices McManus, Schor, Asmar & Darden, L.L.P., specializing in construction claims and litigation. 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; Fellow of the American College of Construction Lawyers. Author of many articles on equitable adjustments, claims and construction matters. Bachelor of Arts degree from Ohio Wesleyan University; Juris Doctor degree from The George Washington University National Law Center.
Areas of Discussion: The Prime Contractor’s Perspective during construction, claims, and disputes. Analysis and discussion of how successful contract performance relates to risk allocation. The law and issues relating to effective performance, standards of care, the responsibilities of various parties - owner, architect, contractor, subcontractor, supplier, manufacturer. Remedies for breach and damages. Alternative forms of dispute resolution.
Jim Butler of Atlanta, Georgia
Partner: Smith, Currie & Hancock, LLP, in the firm’s construction and environmental litigation department. Concentrates in the negotiation, arbitration and litigation of construction, hazardous waste, and Government contracts. 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. Contributing Editor to Alternative Clauses to Standard Construction Contracts, Design-Build Contracting Handbook, and The AGC Environmental Risk Management Procedures Manual. 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.
Areas of Discussion: The Owner’s Perspective during construction, claims, and disputes. The contract relationships. Avoiding claims during the design and construction phase. Advanced procedures for dealing with the claims made against owners: changes, pricing change orders, delays, acceleration, differing site conditions. How owners can effectively defend themselves against claims: evaluation; preparing the defense. Claims made by owners: those liable; general causes, including contractor default; delay damage elements; calculating damages. Resolving and settling claims.
Day Three
Neal J. Sweeny of Atlanta, Georgia
Partner in the Atlanta law firm of Kilpatrick, Stockton, L.L.P. 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. Has written or 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. Experience includes both private and public projects across the United States, ranging from highways to hotels, apartments to airports, city schools to condominiums, wastewater treatment plants to dams.
Areas of Discussion: The Subcontractor’s Perspective. Changes in contemporary methods which may convert “subs” to “trade contractors” in construction management and multi-parallel primes construction. Subcontract provisions - flowdown provisions, specific terms, payment, indemnity, and more. Subcontract administration. Changes and claims. Remedies for sub’s defective and late performance. Disputes between sub and owner, and between subs.
Thomas Driscoll of Denver, Colorado
Senior Vice President of the Construction Services Division of URS Corporation in Denver, Colorado. More than 25 years of experience as an international consultant in project and construction management practice. Author and lecturer on construction management and claims. Fellow and past President of the Construction Management Association of America. Member of the Construction Group Advisory Board for Federal Publications, and serves on the Panel of Construction Arbitrators for the American Arbitration Association. Member of the Institute of Management Consultants, the American Association of Cost Engineers, the American Society of Civil Engineers and the Project Management Institute.
Areas of Discussion: Using the schedule as a tool, sword or shield. The importance of the schedule to the owner, contractor and subcontractor. Specifying and complying with the contract scheduling requirements. Making schedules work successfully for all project participants. Scheduling issues having legal implications. Recent landmark legal decisions that significantly advance the state-of-law on scheduling delay and required proof. Preparing, defending and resolving delay claims. The role of the delay expert.