This is the first in our fourteen-part webinar series The Advanced Webinar Series on Construction Contracts, Claims and Risk Management. This program presents a thorough review of the changes process on construction projects using the federal government and private contract clauses, analyzing and discussing express, constructive and cardinal changes. Coverage includes a thorough review of the mechanics of the clauses and a practical review of how express and construction changes arise, recognizing changes, documenting the claim, and consideration of the risk management practices from the Owner, General Contractor and Subcontractor's perspectives. The discussion includes the analysis of potential revisions to the private form clauses and subcontract forms to consider in managing the risk of changes during construction. Learning Objectives: After completing this course, you will be able to:  Understand the language and parts of the Changes clause under the FAR government contract clause and the private construction AIA contract clause.  Determine how the government and private clauses differ particularly as regards notice requirements and constructive changes, and how claims are preserved and presented.  Recognize the difference between express and constructive changes and the Owner's obligations, the Contractor's rights, and the obligation to perform.  Recognize changes claims and preserve the right to an REA or Claim.  Identify the basic risk assignment issues among the Owner, the General Contractor and the Subcontractor(s).  Identify potential language to amend and adjust the clauses according to your risk assessment.

This is the fourteenth and final webinar in our fourteen-part webinar series The Advanced Webinar Series on Construction Contracts, Claims and Risk Management. The final installment in the construction contract webinar series, this program provides a thorough analysis of changes in the scope of the work. Coverage includes both the substantive aspects such as entitlement to a claim for additional cost or time of performance, and administrative aspects such as notice, documentation, pass-through and payment bond issues. The focus of the webinar is recognition of change events and how to mitigate the risk of delays and payment claims from the sometimes disparate perspective of the owner, general contractor and subcontractor. Learning Objectives: After this webinar you will have:  A thorough understanding of changes in the scope of work.  Knowledge of the substantive aspects such as entitlement to a claim for additional cost or time of performance, and administrative aspects such as notice, documentation, pass-through and payment bond issues.  Ability to mitigate the risk of delays and payment claims for the sometimes disparate perspective of the owner, general contractor and subcontractor.

This is the tenth in our fourteen-part webinar series The Advanced Webinar Series on Construction Contracts, Claims and Risk Management. Time is money and that phrase has particular relevance to the construction project and contract claims. Whether delays are unexcused, excusable or compensable depends on an analysis of the causes of delay and the terms of the contract. This webinar discusses the causes and classifications of delay, key contract clauses allocating the risk of delays and extended performance claims as well as topics such as acceleration and inefficiency claims, concurrency, notice requirements, documentation of delay claims and presentation of the claims in dispute resolution processes. Learning Objectives: After completing this course, you will be able to:  Understand the concept of the critical path and how delays interact with the overall completion date or a Subcontractor's critical path.  Identify when delays arise under the Changes clause or the Suspension of Work clause and the ramifications on cost recovery.  Recognize and understand the different techniques of schedule analysis and delay presentation.  Understand concurrent delay and the rights and obligations arising when concurrent delay occurs.  Recognize the difference between excusable and unexcused delay and the subcategories of compensable and noncompensable delay.  Understand the No Damages for Delay Clause, the impact thereof on claims, and whether the Severin doctrine affects a pass-through delay claim.

This is the eleventh in our fourteen-part webinar series The Advanced Webinar Series on Construction Contracts, Claims and Risk Management. Claims management is a vital aspect of private construction projects. This webinar analyzes the types of claims arising on construction projects and the methods of proof and presentation of the claims in mediation, arbitration or litigation. Issues of entitlement and quantum are covered along with the categories of cost and the records used in the factual presentation and calculation of delays and damages, the use of expert witnesses, and consideration of the contract clauses as they affect the interests of the Owner, General Contractor and Subcontractor. The course concludes with a discussion of the substantive and procedural aspects of the claims and modifications to contract clauses to address the assignment of risk. Learning Objectives: After completing this course, you will be able to:  Understand the burden of proof as it relates to the concepts of entitlement to recover and the quantum or the amount of the claim.  Understand the types of records used to present the claim.  Recognize the differences between the methods of presenting the quantum or amount of the claim.  Understand the text of the contract clauses as they affect the Contractor's right to have a claim and the Owner's rights in response.  Identify the flow-through aspects of claims presentation and apportionment of recovery between the General Contractor and the Subcontractor(s).  Identify potential language to amend and adjust the clauses according to your risk assessment.

This is the second in our fourteen-part webinar series The Advanced Webinar Series on Construction Contracts, Claims and Risk Management. Understanding the notice requirements associated with express changes, constructive changes, differing site conditions and claims using the USG and private contract clauses is vital to the perfection, administration and the defense of construction contract claims. Course coverage includes an advanced discussion of the legal and practical aspects including recovery where a formal notice is lacking, potential savings theories such as the lack of prejudice and constructive or actual notice, and the authority of those with whom we deal. Also, the program offers a review of risk management issues involved in notice requirements in the chain of privity from the owner to general contractor to subcontractor. Learning Objectives: After completing this course, you will be able to:  Understand the notice requirements associated with express changes, constructive changes, differing site conditions and claims using the USG and private contract clauses  Have knowledge of risk management issues involved in notice requirements in the chain of privity from the owner to general contractor to subcontractor.  Understand the legal and practical aspects including recovery where a formal notice is lacking, potential savings theories such as the lack of prejudice and constructive or actual notice, and the authority of those with whom we deal.

This is the seventh in our fourteen-part webinar series The Advanced Webinar Series on Construction Contracts, Claims and Risk Management. Analyzing the General Contractor's perspective and how it may protect its interests, this course provides an in-depth analysis of pass-through aspects of construction contracts and the methods of recognizing and accounting for the risks arising from the construction project. The program covers the claims and notice requirements associated with changes, differing site conditions, delays, disputes, and payment terms, including methods of dealing with Subcontractor claims and disputes when they arise from Owner conduct or when arising from General Contractor conduct. The object of the course is to recognize the risks and account for them in negotiating and administering the prime contract and its subcontracts during performance. Learning Objectives: After completing this course, you will be able to:  Understand the General Contractor's perspective regarding the language and parts of the Changes clause under the FAR government contract clause and the private construction AIA contract clause.  Recognize how flow-through among the Owner, General Contractor and the Subcontractor(s) affects the rights and obligations of the General Contractor.  Understand the Disputes Clause and how the concept of flow-through and contract drafting can protect the General Contractor.  Understand how bond claims from Subcontractors can be addressed through contract drafting and flow-through.  Identify the General Contractor's position on the basic risk assignment issues among the Owner, the General Contractor, and the Subcontractor(s).  Identify potential language to amend and adjust the clauses according to your risk assessment.

This is the sixth in our fourteen-part webinar series The Advanced Webinar Series on Construction Contracts, Claims and Risk Management. Presented from the owner's perspective and recognizing its interests, this course provides an in-depth analysis of the risks arising from the construction project including the claims and notice requirements associated with changes, differing site conditions, delays, disputes, and payment terms, allowing the owner to recognize the risks and properly account for them in negotiating and administering the construction contract during performance. Learning Objectives: After completing this webinar you will have  An in-depth analysis of the risks arising from the construction project  An analysis of the risks arising from claims and notice requirements associated with changes, differing site conditions, delays, disputes, and payment terms  The ability to recognize the risks and properly account for them in negotiating and administering the construction contract during performance

This is the eighth in our fourteen-part webinar series The Advanced Webinar Series on Construction Contracts, Claims and Risk Management. Focusing on the Subcontractor's perspective and its interests, this course provides an in-depth analysis of pass-through aspects of construction contracts and the methods of recognizing and accounting for the risks arising from the construction project, including the claims and notice requirements associated with changes, differing site conditions, delays, disputes, and payment terms. The course addresses methods of perfecting and presenting Subcontractor claims and disputes whether they arise from General Contractor conduct, other Subcontractor's conduct, or from the Owner's conduct. The discussion focuses on the contract terms as they impact the Subcontractor in recognizing the risks and properly account for them in negotiating the subcontract and administering it during performance. Learning Objectives: After completing this course, you will be able to:  Understand the Subcontractor's perspective regarding the language and parts of the Changes clause under the FAR government contract clause and the private construction AIA contract clause.  Recognize how flow-through among the Owner, General Contractor and the Subcontractor(s) affects the rights and obligations of Subcontractor.  Understand the Disputes Clause and how the concept of flow-through and contract drafting can protect the Subcontractor.  Understand how bond claims can be addressed through contract drafting and flow-through.  Identify the Subcontractor's position on the basic risk assignment issues among the Owner, the General Contractor, and the Subcontractor(s).  Identify potential language to amend and adjust the clauses according to your risk assessment.

COVID-19 and Your Construction Project: Delay, Suspension, and Changes Claims Course Description: A thorough review of the potential impacts of COVID-19 on construction contracts with the federal government and private owners. Coverage includes the clauses covering delay, impact, acceleration, suspension of the work, stop work orders, changes and termination (whether express or constructive); as well as the mechanics of the clauses and the cases construing them. The program focuses on the practical aspects of how best to manage the current situation, notice requirements, documenting claims, and consideration of risk management practices. Learning Objectives:  Review the text of the FAR contract clauses, and the private construction contract clauses in play with COVID-19-related delay, suspension, changes, and price adjustments.  Review the cases construing the clauses in light of past epidemics, quarantine restrictions, and government action affecting performance.  Review excusable delay and constructive acceleration arising from project suspension as well as subcontractor and supply chain delays due to illness or government restrictions arising from COVID-19.  Review the requirements for mitigating delay and proving delay and acceleration claims arising from or related to COVID-19.  Review the potential impacts on unchanged work due to product substitution to solve supply-chain problems as well as losses of productivity.  Recognize notice requirements and the steps to preserve the right to an REA or Claim.  Review lower-tier liability, no-damages for delay clauses and the effect on prime contractor liability. This live webinar is eligible for CLE/CPE credit. NASBA language

This is the third in our fourteen-part webinar series The Advanced Webinar Series on Construction Contracts, Claims and Risk Management. This webinar covers the contractual methods of dealing with the prospect of encountering and paying for concealed, unforeseen or unknown conditions encountered during construction, including the use of Type 1 and Type 2 differing site conditions under the USG and private construction contracts. The course covers the legal and practical aspects of recovery, including the implications of pre-bid site investigations, preconstruction services, the use of contingencies, documenting the conditions and notice requirements. Learning Objectives: After completing this course, you will be able to:  Understand the language and parts of the Differing Site Conditions clauses under the FAR government contract clause and the private construction AIA contract clause.  Identify and understand the difference between a Type I and a Type II Differing Site Condition.  Recognize the Owner's obligations, the Contractor's rights and the obligation to perform.  Recognize Differing Site Conditions claims and how to preserve the right to an REA or Claim.  Identify the basic risk assignment issues among the Owner, the General Contractor and the Subcontractor(s).  Understand the difference between a Differing Site Conditions claim and a claim for defective specifications.