Agenda / Content Covered

1. Cutting-Edge Negotiation Tactics to Overcome Obstacles in Construction Contracts
   9:00 - 9:45, Justin R. Watkins
   Explore critical clauses that must be included to ensure that both the owner and contractor are on the same page. Develop high-level bargaining tactics to handle payment clauses, pass-through clauses, performance, and timing clauses, project termination clauses and liquidated damage clauses.
2. Payment Problems with Change Orders and Extra Work
   9:45 - 10:30, James F. Freeman III
   Construction is going along as planned - until an unforeseen change throws off the timing to complete the project. Was the change due to a defect in the initial plans? Was unauthorized work performed causing the delay? Was there an outside force that shifted the course of the project? Take a closer look at the difficult scenarios concerning change orders. Confront these and other problematic situations to get your client paid.
3. Tough Delay Challenges
   10:45 - 12:00, Justin R. Watkins
   The contractor fails to complete the work by the time the owner needs it done. Who is responsible for the delay? How can the delay be remedied? Does the owner have any recourse? Find out whether a delay may be deemed excusable and whether or not it is compensable. Dive into the complexities associated with drafting a recovery schedule.
4. Indemnification Disputes and Additional Insured Pitfalls
   1:00 - 2:00, Justin R. Watkins
   A contractor's action causes economic loss for the owner. Who is responsible for covering the damages? Learn what language is enforceable in clauses relating to indemnification and additional insureds, how courts construe them, and how anti-indemnification laws affect them.
5. Construction Defect Dilemmas with CGL Coverage
   2:00 - 2:45, James F. Freeman III
   Three months after the construction project has been completed, water starts rushing in through a window. How will this be handled under the CGL policy? Discuss how tough defect scenarios such as this are reviewed to determine whether the defect is treated as an occurrence. Explore highly litigated exclusions and exceptions and determine how the "known risk" provision is applied.
6. Battles Over Damages: Negotiating Solutions
   3:00 - 3:30, James F. Freeman III
   While installing a pipe, the water line is struck. The owner claims a whole host of other damages. How will the damages be handled? Figure out creative solutions to calculate damages, whether they are direct and consequential, and how complicated, non-monetary remedies are handled.
7. Ethics Considerations for Construction Attorneys
   3:30 - 4:30, William J. DeBauche
   You are aware that you may face an ethical violation during the course of working with your client on the construction project. How do you tackle the risks associated with this? Take a closer look at how contractual claims for attorney's fees are handled, how to work with unrepresented parties and how to avoid unintentional conflicts of interest.

Accreditation Details:

WILLIAM J. DeBAUCHE is an attorney with Brown & Ruprecht, PC. He has more than 30 years of experience representing contractors, subcontractors, suppliers, and design professionals in state and federal courts, before the boards of contract appeals, and in private arbitrations and mediations. Mr. DeBauche has taught construction law as an adjunct professor at the University of Missouri-Kansas City Law School since 1994. He serves as a construction arbitrator as a member of the panel of arbitrators of the American Arbitration Association. Mr. DeBauche is qualified as a civil litigation mediator under the Missouri Supreme Court Rules. He has extensive experience in interpreting construction contracts, preparing claim and notice documents, preparing mechanic's liens and payment bond claims, preparing and filing lawsuits and arbitrations, trying cases in courts and arbitrations, negotiating disputes, and providing advice for day-to-day problems in construction. Mr. DeBauche has prepared several articles for construction publications on construction law developments. He has taught numerous seminars for local and national organizations on changes and extra work, mechanic's liens, federal contract claims, construction arbitrations and mediations, payment issues, claims against bonds, construction contract documents, and bidding and contract formation issues.

JAMES F. FREEMAN III is an attorney with Swanson Midgley, 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 and 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.

JUSTIN R. WATKINS is a shareholder with Polsinelli PC, in Kansas City, Missouri. He is a trial attorney who concentrates his practice in the areas of construction, real estate and commercial litigation. In his construction practice, Mr. Watkins regularly serves a broad range of clients across the construction industry, including general contractors, subcontractors, materials suppliers, design professionals, construction managers, and property owners and developers. Before joining Polsinelli PC, he was assistant public defender in the Missouri State Public Defender System. Mr. Watkins earned his B.A. degree, magna cum laude, from Valparaiso University; and his J.D. degree, summa cum laude, from John Marshall Law School. He is admitted to practice in Missouri.