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Overview

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
Learning Objectives: 

After completing this course, you will be able to:
  • Effectively set up basic construction projects 
  • Organize resources including labor, materials and scheduling
  • Control project workflow to avoid delays
  • Fill out correct forms for work to be done
  • Chose contract types and specs for a project
  • Make bid-no bid decisions
  • Seek out bonds and their brokers
  • Determine correct type of bond for the work
  • Understand insurable vs non-insurable events
  • Identify UCC key provisions
  • Close out jobs efficiently
  • Determine changes and conditions to changes
  • Decide and determine authority of a change
  • Choose subcontractors and bids from sub
  • Negotiate disputes with subs
Dates/Locations
September 13-16, 2021
The Flamingo Hotel
Las Vegas, NV
Travel Info
Standard: $1,800.00
Premium: $2,195.00
Register
Agenda
8:00 AM - 3:00 PM
La Jolla, Hilton Head and Las Vegas September Weeklong Conference Locations
9:00 AM - 4:00 PM
All Other Locations

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

Experts
  • James Newland
    Partner, Seyfarth Shaw, LLP
    James Newland is a partner in Seyfarth Shaw, LLP, a licensed architect, and his law practice focuses on major construction and public works projects and includes a mix of non-contentious and contentious matters. He is ranked by Chambers USA which describes him as “very well versed in construct...
  • 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 (“...
  • Todd W. Weidemann
    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 vari...
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: 26.0 (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: 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)
Travel
The Flamingo Hotel
3555 Las Vegas Blvd S
Las Vegas, NV, 89109
7027333111
Hotel & Room Block Info

We have a room block secured at the Flamingo Hotel for Las Vegas Week.  Visit https://book.passkey.com/go/SFFPS1 to reserve your room. Group rate is $94 + taxes + daily resort fee of $35/room/night. You must make your reservation by Friday, August 10, 2021. Rooms are subject to availability.

General Information

Food & Beverage
Continental breakfast, lunch and afternoon coffee will be served.

Level
  • 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.