In this webinar, we will introduce the Trade Agreements Act and explore when and how it applies, with a particular focus on how it interacts with the Buy American Act. We will explore how to identify situations where an exception to the TAA may apply, and how to navigate those situations. We will also discuss "substantial transformation" under the TAA, how it differs from "manufacturing" under the BAA, and what those differences mean for compliance with the applicable TAA regulations and contract clauses. LEARNING OBJECTIVES: After completing this course, you will be able to:  Understand the purpose and applicability of the Trade Agreements Act  Understand when the Buy American Act and when the Trade Agreements Act applies  Understand the Trade Agreements Act regulations and clauses as they apply to end products, constructions materials, and services  Recognize exceptions to the Trade Agreements Act requirements and when they apply  Put products and construction materials to the test for the TAA

In this webinar, students will be introduced to the Buy American Act and the clauses and regulations implementing the BAA. We will discuss the basic requirements of the BAA, and will learn what exceptions to the Buy American Act requirements may apply and when. We will also explore the nuances of the BAA in how it applies domestic preference to "end products" and "construction materials," and what it means for such items to be "manufactured" in the United States for purposes of Buy American compliance. LEARNING OBJECTIVES: After completing this course, you will be able to:  Understand the purpose and applicability of the Buy American Act  Understand the Buy American regulations and clauses as they apply to end products, constructions materials, and components  Recognize exceptions to the Buy American Act requirements and when they apply  Put products and construction materials to the test for the BAA

In this webinar, we will introduce the Trade Agreements Act and explore when and how it applies, with a particular focus on how it interacts with the Buy American Act. We will explore how to identify situations where an exception to the TAA may apply, and how to navigate those situations. We will also explore the difference between "substantial transformation" under the TAA, how it differs from "manufacturing" under the BAA, and what those differences mean for compliance with the applicable TAA regulations and contract clauses. LEARNING OBJECTIVES: After completing this course, you will be able to:  Understand the purpose and applicability of the Trade Agreements Act  Understand when the Buy American Act and when the Trade Agreements Act applies  Understand the Trade Agreements Act regulations and clauses as they apply to end products, constructions materials, and services  Recognize exceptions to the Trade Agreements Act requirements and when they apply  Put products and construction materials to the test for the TAA

In this webinar, students will be introduced to the Buy American Act and the clauses and regulations implementing the BAA. We will discuss the basic requirements of the BAA, and will learn what exceptions to the Buy American Act requirements may apply and when. We will also explore the nuances of the BAA in how it applies domestic preference to "end products" and "construction materials," and what it means for such items to be "manufactured" in the United States for purposes of Buy American compliance. LEARNING OBJECTIVES: After completing this course, you will be able to:  Understand the purpose and applicability of the Buy American Act  Understand the Buy American regulations and clauses as they apply to end products, constructions materials, and components  Recognize exceptions to the Buy American Act requirements and when they apply  Put products and construction materials to the test for the BAA

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 thirteenth in our fourteen-part webinar series The Advanced Webinar Series on Construction Contracts, Claims and Risk Management. This webinar analyzes the use of performance and payment bonds on private construction projects as well as the requirements and use of those bonds on federal government construction projects. Liability of the principal and surety for performance failures in connection with performance bond claims is addressed along with the defenses of the principal and its surety. Payment bond claims, defenses to the claims, and potential modifications to the construction contract forms is analyzed in order to understand and to mitigate the risk of defective performance or non-payment. Learning Objectives: After this webinar you will have:  Knowledge of the use of performance and payment bonds on private construction projects as well as the requirements and use of those bonds on federal government construction projects.  Understanding of payment bond claims, defenses to the claims, and potential modifications to the construction contract forms  Ability to Mitigate the risk of defective performance or non-payment

This is the twelfth in our fourteen-part webinar series The Advanced Webinar Series on Construction Contracts, Claims and Risk Management. Claims against the Government on federal government construction contracts is a normal aspect of public construction projects. This webinar analyzes the types of claims arising on government construction projects and the methods of proof and presentation of those claims in mediation or litigation. The course covers issues of entitlement and quantum 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 Prime Contractor and the Subcontractors. 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 techniques to identify when constructive changes or events giving rise to a claim occur, and how to document the claim.  Identify techniques to preserve claims, to satisfy notice requirements, and how to address the Government's defense when notice is lacking.  Understand the difference between entitlement and quantum and how best to present the claim.  Identify techniques to track costs and present the quantum or damages.  Recognize the procedural aspects of the Disputes clause and how the concept of flow through can address the risk profile of the General Contractor and the Subcontractor(s).

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 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 ninth in our fourteen-part webinar series The Advanced Webinar Series on Construction Contracts, Claims and Risk Management. On private construction projects mechanic's liens and payment bond claims are an important remedy in the event the Owner or General Contractor fail to make payment when due. This webinar covers the practical aspects of mechanic's lien and payment bond claims, notice requirements and removing liens with bonds or cash payments into court. The coverage includes the terms and coverage of lien and claim releases including partial, final, conditional and unconditional releases, as well as the impact of pending changes on the releases given during performance. Learning Objectives: After completing this course, you will be able to:  Understand the rights granted the contractors, laborers and material providers by way of their right to have a mechanic's lien.  Recognize how mechanic's liens are perfected and enforced.  Recognize that state law governs the mechanics of perfecting and enforcing mechanic's liens and how the law may vary from jurisdiction to jurisdiction.  Understand how liens are bonded-over or removed of record and what happens thereafter to the claimant's right to recover and the Owner's obligation to pay.  Identify and understand the basic types of periodic and final lien waivers and how they are used.  Identify potential language to amend and adjust the lien waiver forms according to your risk assessment.