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Overview
Go Deeper Into The Issues in All Facets of the Construction Industry

This new 2-day program that builds on the attendee’s professional knowledge of federal government construction contracting, as well as the knowledge gained from our other construction related programs we offer. Advanced Construction Contracting expands upon basic principles of construction contracts of the Introduction to Government Construction Contracting, by going deeper into issues in various facets facing the industry & contractors involved in government construction projects. It will review common challenges and explore current & relevant issues facing federal government officials & contractors today involved in the construction of federal public works.  Our experienced instructor will be able to engage you on just about any legal issues facing the government contract construction industry today.

The class will start with an overview of the different project delivery systems used in federal construction contracting and how those systems can be used to manage and mitigate risk among the different players.  Then, the class will turn to a discussion of the Construction Wage Rate Requirements Statute (formerly known as the Davis Bacon Act, subcontracting issues, scheduling and delays, special problems with changes, acceleration and differing site conditions, payment and financing, and conclude with a discussion of Requests for Equitable Adjustment, Claims and the Dispute Resolution Process.   Where appropriate the instructor will engage the class in an open discussion with the participants and attempt to provide real-life scenarios to illustrate the issues faced by government and private industry during project execution. .  

Learning Objectives:

Upon successful completion of this course, you will be able to:
  • Demonstrate advanced knowledge on construction challenges facing the parties to a federal construction prime contract or subcontract.
  • Develop techniques to identify and mitigate risks
  • Create effective strategies for dealing with changes, differing site conditions, scheduling, delays
  • Gain a better understanding of how to preserve your rights under a construction contract when pursuing an REA or claim under the Contract Deputes Act.
Dates/Locations
No upcoming dates/locations at this time
Agenda
9:00 AM - 4:00 PM

CONSTRUCTION PROJECT ORGANIZATIONS – DIFFERENT WAYS TO LOOK AT PROJECT EXECUTION

Construction by Contract Type

  • Lump Sum/Firm Fixed Price Contracts
  • Fixed Price Economic Price Adjustment Contracts
  • Unit Priced Contracts
  • Indefinite Delivery/Indefinite Quantity/Job Order Contracts
  • Cost-Reimbursement Contracts
  • Limitations on Concurrent Performance of Cost Type & Fixed Price Type Contracts


Project Delivery Systems

  • Traditional – Design-Bid-Build
  • Design-Build
  • Construction Manager (“CM”)
  • Construction Management at Risk (“CMR”)/Construction Manager as Contractor (“CMc”)/Guaranteed Maximum Price (“GMP“)


ANALYZING & MITIGATING RISKS IN GOVERNMENT CONSTRUCTION CONTRACTS

Commonly Encountered Risks in Construction

Mitigating Risk Through 

  • Contract Type
  • Insurance
  • Bonding
  • Liquidated Damages Clauses
  • Indemnity Agreements & Other Contract Provisions


COMPLIANCE WITH THE CONSTRUCTION WAGE RATE REQUIREMENTS STAUTE (FORMERLY KNOWN AS THE DAVIS BACON ACT)

History & Purpose
Basic Requirements of the Act
Wage Determinations
Avoiding Common Compliance Issues/Problems
Consequences Of Violations
Related Labor Laws Involving Federal Construction

SUBCONTRACTING & SUBCONTRACT COMPLIANCE ISSUES

Key Concepts

Government Oversight

  • Government Concurrence/Approval
  • Limitations on Subcontract Type 


Small Business Subcontracting Issues

  • The Ostensible Subcontractor Rule
  • Limitations on Subcontracting
  • Small Business Subcontracting Plans


Flowing Down Subcontract Terms & Conditions – Benefits & Pitfalls

Resolving Disputes with Subcontractors

  • Prime-Subcontractor Disputes
  • Government-Subcontractor Disputes
  • Sponsorship of Claim


PROJECT MANAGEMENT

Scheduling

  • Project Kickoff & The Need for Timely Submission of Administrative Submittals
  • Guidelines & Considerations for Project Scheduling


Establishing & Managing Construction Schedules

  • The Use of Critical Path
  • Float Time – What is it & who owns it?
  • Critical Importance of Updating the Schedule & Its Effect on Project Management/Payments


The Suspension of Work Clause

  • Analysis of Clause
  • Reasonable vs. Unreasonable Delays
  • Excusable Delays
  • Compensable Delays
  • Concurrent Delays
  • Effect Of Cumulative Impacts on Schedule Delays


Changes, Acceleration & Differing Site Conditions

  • Analysis of the Changes Clause – Types, Required Elements of Changes & their Effect on Project Management
  • Acceleration -- Actual & Constructive


Differing Site Conditions

  • Types of Differing Site Conditions 
  • Proof Needed to Recover Additional Costs/Delays


Duty to Investigate Site
Other Site Availability Issues
Notice Requirements

PAYMENTS & FINANCING UNDER FEDERAL CONSTRUCTION CONTRACTS

Contract Financing – Types & Retainage
Prompt Payment Act
Prompt Payments to Subcontractors
The Effect Of Final Payment

REQUESTS FOR EQUITABLE ADJUSTMENT, CLAIMS & DISPUTE RESOLUTION

Requests for Equitable Adjustment vs. Contract Claims

  • Differences & Similarities Between REAs & Claims
  • Certification Requirements


Elements of Recovery Burdens of Proof

  • Entitlement
  • Quantum
  • Limitations Under Applicable Clauses


Basic Computation Rules -- Determining Dollar Recovery

  • Commonly Used Quantification Methods Used in Construction Disputes
  • Direct Costs
  • Indirect Costs
  • Unabsorbed Overhead (Field vs. Home Office Costs)
  • Other Adjustments To Contract Terms & Conditions
    • Schedule Relief
    • Remission of Liquidated Damages


Dispute Resolution Process under the Contract Disputes Act

  • Preparation &  Submission of the Claim/Procedural Aspects
  • The Appeals Process – Which to Choose?


Other Available Remedies

  • Recovery of Attorney & Other Consultant Fees During Claim/REA Preparation Process
  • Ratification of Informal Commitments
  • Extraordinary Contractual Relief
  • Equal Access to Justice Act


CONCLUDING REMARKS – PUTTING THE PIECES TOGETHER

Accreditation
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.
CPE: Continuing Professional Education
Field of Study: Specialized Knowledge
Delivery Method: Group-Live Classroom
Federal Publications Seminars is affiliated with West Professional Development and 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 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.nasbaregistry.org.
For more information regarding administrative policies such as refunds, cancellations and complaints, please contact Federal Publications Seminars at 888.494.3696.
CPE Hours
This program is eligible for: 11 (CPE) hours of credit
Program Level: Advanced
Program Prerequisite: n/a
Advance Preparation: n/a
Method: n/a
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: 11 (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: 11 (60 minutes), 13 (50 minutes)
Travel
No travel information is available at this time