Agenda / Content Covered

All times are shown in Eastern time.

1. Types of Contracts and Form Agreements: Making the Right Choice
   11:00 - 11:45, Jeffrey P. Brahan
   1. Lump Sum
   2. Time and Materials
   3. Cost-Plus
   4. Unit Price
   5. Guaranteed Maximum Price
   6. AIA Construction Forms
   7. ConsensusDOCS
   8. Other Form Contracts: DBIA, EJCDC, FHWA
   9. How Contracts Differ for Different Project Delivery Methods
2. Scope of Work Clauses: Clearly Laying Out Performance Obligations
   11:45 - 12:30, James F. Freeman
   1. Top 7 Provisions at the Heart of Construction Litigation
   2. Specifically Defining the Scope of Work
   3. Gaps in the Scope of Work
   4. Provisions That Can Expand the Scope of Work
   5. Scope of Work Provisions Gone Wrong - Case Law Review
3. Carefully Crafting Payment Provisions
   12:45 - 1:15, John A. Adams
   1. Pay-if-Paid vs. Pay-When-Paid
   2. Language to Ensure Prompt Payment
   3. Construction Contract Payment Remedies
4. Changes and Differing Site Conditions: Preventing Disputes
   1:15 - 2:00, James F. Freeman
   1. Changes in Work Clauses
   2. Change Orders vs. Construction Change Directives
   3. Differing Site Conditions Clause
   4. Cardinal Change Doctrine
   5. When Contractors Proceed without Securing a Written Change Order
   6. Change or Part of Original Scope of Work? Case Studies
5. Delay and Damage Provisions: Drafting Tips, Pitfalls and Case Law
   2:30 - 3:15, Jeffrey P. Brahan
   1. Inexcusable and Excusable Delays
   2. Compensable Delays
   3. Concurrent Delays
   4. Damages Despite Early Completion
   5. Liquidated Damages Provisions
   6. No Damages for Delays
   7. Mutual Waiver of Consequential Damages
   8. Acceleration Damages
6. Insurance and Indemnity: Protecting Against Claims and Losses
   3:15 - 4:00, John A. Adams
   1. Inherent Risks
   2. Construction Contract Indemnity Clauses
   3. Insurance Provisions in Construction Contracts
   4. Additional Insured Provisions & Endorsements
   5. Subrogation Waivers
   6. Limits on Liability
   7. Warranties and Guarantees
7. Termination and Disputes: Creating a Roadmap
   4:15 - 5:00, James F. Freeman
   1. Contract Termination: "For Convenience," "For Cause"
   2. Alternative Dispute Resolution
   3. Choice of Law and Jurisdiction
8. Legal Ethics for Construction Attorneys
   5:00 - 6:00, John A. Adams
   1. Conflicts of Interest
   2. Disclosure During Negotiations
   3. Communication of Risk Transfers
   4. Attorneys' Fees

Accreditation Details:

JOHN A. ADAMS is the founder of the John Adams Law Firm LLC, where he represents employers, employer associations, and construction contractors in New Jersey and Pennsylvania in construction law, labor law, employment law, collections, corporate law, and litigation before federal and state courts, as well as various federal and state agencies, such as OSHA, MSHA, DOT, EEOC, PHRC, NJDCR, and DOL. Mr. Adams is a member of the bars of the U.S. Court of Appeals for the Third Circuit, the state bars of Pennsylvania and New Jersey, and numerous federal district courts. He was the primary author of the 2006 Pennsylvania Mechanics' Lien Law Amendments, which substantially changed and modernized the Pennsylvania Mechanics' Lien Law. Mr. Adams earned his B.S. degree from the U.S. Military Academy ("West Point") and his J.D. degree from the University of Notre Dame Law School.

JEFFREY P. BRAHAN is a member of Blumling & Gusky LLP's construction & surety industry practice group. Mr. Brahan concentrates his practice in the areas of construction and commercial litigation. Prior to joining the firm, Mr. Brahan was a partner at a mid-size Pittsburgh law firm where he practiced in the areas of commercial and construction litigation, as well as litigation involving labor and environmental issues. He has successfully litigated and tried cases in both state and federal court. He also has extensive experience in complex and multi-party litigation. Mr. Brahan received his B.A. degree from the University of Wisconsin in Madison and his J.D. degree from the University of Pittsburgh School of Law.

JAMES F. FREEMAN III is an attorney with Swanson Bernard, LLC, where he practices in the areas of: construction, land use, church, commercial litigation, business, contract, employment, probate litigation, appellate practice, transportation, and corporate law. He is admitted to practice in Kansas, Missouri, and before the U.S. Supreme Court, U.S. Court of Claims, U.S. Court of Appeals for the Eighth and Tenth Circuits, and the U.S. District Court for the Districts of Missouri and Kansas. Mr. Freeman is a member of the Kansas City Metropolitan, Kansas, and American bar associations, as well as The Missouri Bar. He earned his B.A. and J.D. degrees from the University of Missouri at Kansas City.