New York Construction Law From Start to Finish

Agenda / Content Covered

1. Overview of the Construction Process
   9:00 - 9:45, Anthony J. Adams Jr.
   1. Applicable Law, Regulations, and Statutes
   2. Different Types of Project Delivery Systems and Responsibilities
   3. Roles of Parties and How They Interact
2. Construction Contracts
   9:45 - 10:30, James E. Hughes
   1. Overview of Contract Terms and Language
   2. AIA Contracts
   3. ConsensusDocs and Other Standard Contracts
   4. Allocating Risk Within Your Contract
   5. Drafting Basics
   6. Contract Clauses and Key Provisions You Need to Know
      1. Payment
      2. Scope of Work
      3. Substantial Completion
      4. Other Essential Clauses
3. Understanding Subcontract Terms and Flow-Through Clauses
   10:45 - 11:15, James E. Hughes
4. Mechanic's/Construction Liens and Payment Issues
   11:15 - 12:00, James E. Hughes
   1. How Liens Work
   2. Preliminary Lien Requirements
   3. Filing a Lien
   4. Understanding Public vs. Private
   5. Bonds and Surety Claims
   6. Enforcement
5. Insurance Basics for the Construction Attorney
   1:00 - 1:45, Larry B. Hollander
   1. Risk Allocation
   2. Workplace Accidents and Injuries
   3. "Trigger of Coverage" Basics
   4. What is (and is not) Covered Under CGL Policies
   5. Additional Insurance Considerations
6. Changes and Delays in Construction Projects
   1:45 - 2:30, Larry B. Hollander
   1. Handling Change Orders
   2. Documenting Changes and Extra Work
   3. Excusable, Concurrent, or Inexcusable
   4. Deficient Plans or Specifications: Design vs. Performance
   5. Damages
7. Ethics for Construction Attorneys
   2:45 - 3:45, Anthony J. Adams Jr.
   1. Rules of Professional Conduct
   2. Conflicts of Interest
   3. Confidentiality
   4. Attorney Fees
   5. Avoiding Malpractice
8. Construction Lawsuit Basics
   3:45 - 4:30, Larry B. Hollander
   1. Types of Claims
   2. Time Requirements
   3. Documentation Requirements
   4. Dispute Resolution-Arbitration/Mediation

Accreditation Details:

Anthony J. Adams Jr. is a principal with Adams Bell Adams, P.C., where he represents contractors and other construction industry participants in contract negotiation, claims, labor relations, risk management, and other general business matters. Mr. Adams also has significant litigation experience in other commercial matters, including partnership and corporate disputes, real property taxation, and zoning disputes. He is a member of the American Bar Association, the New York State Bar Association, and the Monroe County Bar Association. Mr. Adams is also a member of the Associated General Contractors and the Rochester Builders Exchange. He earned his B.A. degree from Indiana University and his J.D. degree from Albany Law School.

Larry B. Hollander is a member with Hollander Law Group PLLC where he practices in the areas of construction litigation, commercial law, public contract law, and trials. He earned his B.A. degree from the State University of New York at Binghamton and his J.D. degree from Albany Law School. Mr. Hollander is admitted to practice in New Jersey; U.S. Court of Appeals, Fifth Circuit; U.S. Court of Appeals, Eleventh Circuit; U.S. Court of Federal Claims, New York; and the U.S. District Court, Southern and Eastern dstricts of New York; U.S. District Court, District of New Jersey; and U.S. District Court, District of Connecticut.

James E. Hughes is a partner in the law firm of Hancock Estabrook, LLP where he practices in the areas of municipal law, construction, employee benefits, and commercial litigation. He has served as general counsel for several central New York villages and towns, as well as representing multiple municipal and not-for-profit fire departments, advising them on issues related to municipal governance and consolidation. With more than 30 years of experience in construction law, Mr. Hughes is involved in negotiating and drafting design and construction agreements for public and private entities. He is experienced in successfully resolving construction defect and construction delay disputes, which often involve management of voluminous documents and complex issues. Mr. Hughes earned his B.S., magna cum laude, and J.D. degrees from the State University of New York at Buffalo. He is a frequent speaker on his areas of practice, and has presented at numerous seminars and lectures on the same. Mr. Hughes is a member of the Onondaga, New York State, and Madison County bar associations; the American Arbitration Association (Arbitration and Mediation Neutral Panel); the Construction Owners Association of America (Contract Document Committee); and the Association of General Contractors.