Troubleshooting Change Orders, Delays, and Other Construction Challenges

Agenda / Content Covered

2:00 PM - 3:30 PM Eastern, Christopher LeMieux

1. Construction Contracts: Advanced Negotiation Techniques for the Top Sticking Points
   1. Payment Clauses
   2. Pass-Through Clauses
   3. No Damage for Delay Clauses
   4. Performance and Timing Clauses
   5. Project Termination Clauses
   6. Liquidated Damages Clauses
2. Indemnification Issues - What is the Scope and Meaning of the Contractual Clause?
   1. Types of Indemnity Clauses
   2. Detecting Illegal and Unenforceable Language
   3. How Courts Construe Indemnity Clauses
   4. Factoring in State Anti-Indemnification Statutes
   5. Determining Duty to Defend
3. Commercial General Liability Policies: Determining Who and What is Insured
   1. The Certificate of Insurance
   2. The General Contractor as a Subcontractor's Additional Insured
   3. The General Contractor as an Additional Insured on the Duty to Defend
   4. The Most Common Additional Insured Endorsements
   5. Coverage for Construction Defects Under CGL Policies
   6. Other Hot-Button CGL Coverage Issues

3:45 PM - 5:15 Eastern, Thomas R. Hurd

4. Change Orders and Extra Work - Payment Issues Disentangled
   1. Real vs. Perceived Changes
   2. Undocumented Oral Change Orders
   3. Changes Due to Defective Plans and Specifications
   4. Previously Unknown Site Conditions
   5. Additional, Unauthorized, or Non-Conforming Work
   6. Change by Outside Forces: Market Shifts, Zoning Issues, etc.
   7. Change Order Impact Costs
5. Determining Responsibility and Remedy for Delays
   1. Excusable vs. Inexcusable Delays
   2. Compensable vs. Non-Compensable Delays
   3. Untangling Concurrent Delays
   4. Necessary Documentation
   5. Drafting a Recovery Schedule
   6. Applying a Waiver or "No Damage for Delay" Clause

Accreditation Details:

THOMAS R. HURD is a partner of the Philadelphia office of McElroy Deutsch & Mulvaney LLP, where his main areas of practice are construction, medical malpractice, personal injury and products liability. Mr. Hurd has spoken for various professional groups on his areas of practice. He is a member of the Philadelphia Bar Association, Pennsylvania (treasurer, Civil Litigation Section), and New Jersey State (Construction and Public Contract Law Section) bar associations. Mr. Hurd earned his B.S. degree, cum laude, from the University of Illinois and his J.D. degree, with high honors, from Rutgers-Camden School of Law.

CHRISTOPHER LeMIEUX is a founding partner of Riess LeMieux LLC. During his 17 year career, Mr. LeMieux has represented contractors, architects, engineers, owners, sureties, insurers and subcontractors in litigation, arbitration, claims, disputes and negotiations and drafting of construction contracts for a variety of projects, including design build, integrated project delivery, multifamily, military, stadiums, manufacturing facilities, historic renovations, parking garages, and mixed residential use facilities. In addition, he has represented employers in a wide variety of employment matters including employment training, wage and hour, ADA, FMLA, and Title VII. Mr. LeMieux regularly lectures on construction and employment law. He is a member of New Orleans, Jefferson, Louisiana State, American and Fifth Circuit bar associations. Mr. LeMieux earned his B.A. degree from University of Alabama and his J.D. degree from Loyola University New Orleans School of Law.