Audio CD + Course Book

Construction Contracts from Start to Finish

Audio CD + Course Book

Copyright Date:

March, 2018

Product ID#:


Audio + Course Book

Credit Information

Continuing Legal Education

  • UT CLE - 6.00
From Event: Construction Contracts from Start to Finish, held March 2018.

Program Description

While it's true that every construction project is different, effectively negotiated contracts are the one constant necessary to safeguard your clients' best interests. This information-packed guide will get you up to speed on the key contractual elements you need to negotiate to avoid trouble down the road. You will not only get a better understanding of what the other side wants, but how to practically apply this information to get an upper hand over the other side of the table during negotiations. Craft construction contracts that serve as practical tools to protect your clients' best interests - order today!

Course Content

  1. Types of Construction Contracts: Evaluating Their Risks and Rewards for Different Parties
  2. Drafting and Negotiating Construction Contracts to Prevent Disputes and Provide Remedies: With Sample Forms
  3. Indemnification Provisions: When are They Enforceable?
  4. Contract Termination
  5. Ethical Considerations

Continuing Education Credit

Continuing Legal Education – CLE: 6.00 UT - Credit Approval Expiration 12/31/2018 *

* denotes specialty credits

Agenda / Content Covered

  1. Types of Construction Contracts: Evaluating Their Risks and Rewards for Different Parties
    9:00 - 10:30, Darrel J. Bostwick
    1. How AIA Documents Differ from ConsensusDocs
    2. What Documents to Include in Contracts
    3. How Contracts Differ for Different Project Delivery Methods
    4. Rules for Contract Interpretation: Intent and Context
    5. Budgets, Estimates and Cost Control
    6. Different Contract Types: Evaluating the Pros and Cons
      1. AIA Form Contracts
      2. Lump Sum or Fixed Price
      3. Cost Plus Contracts
      4. Time and Material Contracts
  2. Drafting and Negotiating Construction Contracts to Prevent Disputes and Provide Remedies: With Sample Forms
    10:45 - 12:00, Mark B. Thornton
    1. Negotiating Positions: Owners vs. Contractors vs. Subcontractors
    2. Scope
    3. Change
    4. Site Conditions
    5. Completion of the Work - Timeframe
    6. Payment
    7. Warranties
    8. Insurance and Bonds
    9. Dispute Resolution
    10. Industry Standard Amendments and Changes
  3. Indemnification Provisions: When are They Enforceable?
    1:00 - 2:15, Mark B. Thornton
    1. Types of Indemnity
    2. State Anti-Indemnity Statutes
    3. Ambiguity in Indemnity Clause Language
    4. Interplay with Other Contractual Provisions
    5. Insurance Policy Interplay: Is the Indemnity Provision Insurable?
    6. Evaluating Standard-Form Indemnity Clauses: AIA, ConsensusDocs, EJCDC
    7. Negotiating Indemnification Provisions: Best Practices
  4. Contract Termination
    2:30 - 3:30, John A. Snow
    1. Handling Threats of Contract Termination
    2. Termination for Default
    3. Termination for Convenience
    4. Wrongful Termination
    5. Steps to Proper Termination
    6. Available Remedies or Damages
  5. Ethical Considerations
    3:30 - 4:30, John A. Snow
    1. Conflicts of Interest
    2. Disclosure During Negotiations
    3. Communication of Risk Transfers
    4. Attorneys' Fees

DARREL J. BOSTWICK is a shareholder in the Salt Lake City law firm of Bostwick Law, PLLC, where he practices in the areas of construction contracting, claims resolution, construction litigation, and construction arbitration. Mr. Bostwick is admitted to practice in Utah and before the U.S. District Court District of Utah and the U.S. Court of Appeals 10th Circuit. He is a member of the Utah State Bar (Construction Law Section, Litigation Section, Labor and Employment Section, Administrative Practice Section, and past chairman), American Bar Association, Associated General Contractors, Associated Builders and Contractors, National Association of Home Builders, National Electrical Contractors' Association, Sheet Metal Contractors Association, and the Utah Heating and Air Conditioning Contractors Association. Mr. Bostwick earned his B.S. degree in construction management from Brigham Young University and his J.D. degree from the J. Reuben Clark Law School.

JOHN A. SNOW is an attorney with Prince, Yeates & Geldzahler, and he has also had an active professional practice in Nevada. Mr. Snow's practice consists of general civil litigation, including commercial, professional malpractice, construction, insurance coverage, and defense. He is the chair of the Utah Ethics Advisory Opinion Committee. Mr. Snow has been designated in The Best Lawyers in America as Lawyer of the Year 2012 in the specialties of litigation, real estate, and construction law. He has also been designated in The Best Lawyers in America in the specialties of legal malpractice law, commercial litigation, and construction law; designated in Utah Business magazine's Utah Legal Elite in the specialties of business and civil litigation and construction law; and designated as a Super Lawyer in the Mountain States in Super Lawyer Magazine. Mr. Snow is also ranked in Chambers USA for Utah, litigation: general commercial.

MARK B. THORNTON is an attorney with Skoubye Nielson & Johansen, LLC. His practice focuses on commercial and general litigation matters, including contract disputes, construction law, transportation law, property disputes, landlord-tenant disputes, and insurance disputes. Mr. Thornton is a member of the Utah State Bar (Litigation and Construction Law sections); and is admitted to practice in both state and federal court. He earned his B.A. degree from the University of Utah and his J.D. degree, high honors, from the University of Utah, S.J. Quinney College of Law.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890


Accreditation Details:

Continuing Legal Education

UT CLE: 6.00 Credit Approval Exp
Includes - Ethics: 1.00
National Business Institute is an approved "presumptive provider" with the Utah State Board of Continuing Legal Education. This program may qualify for up to 6.0 hours of self-study CLE credit for Utah attorneys, which includes 1.0 hour of ethical considerations.

Additional Format Options


How To Order

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Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
Eau Claire, WI 54702