Preventing disputes and litigation is extremely important when drafting construction contracts. It's your job to effectively negotiate contracts that protect against costly disputes and ensure the best possible outcome for your client, whether they are an owner, a contractor or a subcontractor. This essential course covers the key elements of construction contracts from multiple perspectives. You will understand what the other side wants, how to use this knowledge to your advantage, and how to work out the best deal for your clients. Gain the knowledge and practical tools you need to protect your client's interests when creating a construction agreement. Register today!
Avoid disputes by putting into place proper procedures for changes in the scope of work.
Determine payment terms that would be most advantageous for your client.
Enhance your understanding of subcontractor agreements so that you can better determine who is responsible for different tasks and risks. Manage risk effectively with solid indemnification and insurance provisions.
Use concrete negotiating techniques in order to get the best deals for your client.
Learn about damages and delays in order to successfully determine whether a delay is excusable in construction.
Using Standard Forms, Defining the Scope of Work and Preparing for Change Orders
Addressing Payment Terms
Indemnification and Insurance
Negotiating Techniques: Getting the Best Deal for Clients
MARK R. BECKER is a shareholder with the nationally recognized construction law boutique firm of Fabyanske, Westra, Hart & Thomson. In his construction law practice, he represents large and medium-sized general contractors, specialty subcontractors, owners, and design professionals on all types of projects including bridges, roads, stadiums, office and apartment towers, condominiums, schools, universities, museums, industrial plants, ethanol plants, and power plants. Mr. Becker negotiates contracts for his clients at the beginning of a project, counsels them during the project, and prosecutes or defends claims that arise out of the project either in mediation, arbitration or litigation, and sometimes all three. With a degree in civil engineering, cum laude, from Northwestern University and his law degree from the University of Iowa, with high distinction, Mr. Becker's clients retain him for matters involving deep legal, factual, and technical complexities. His dedication to the construction industry is proven by his service on the Board of Directors of the Minnesota Construction Association, on several committees of the Associated General Contractors of Minnesota, and as an officer of the Minnesota State Bar Association's Construction Section. Mr. Becker has been named a rising star on multiple occasions and is recognized as a leading construction attorney in the Midwest. He is licensed in Minnesota and Illinois and actively practices in both states.
TONY W. FEHRENBACHER is a partner with Manion Stigger LLP, where his practice areas include construction claims, construction insurance coverage/claims, risk management, civil litigation, and business services. Mr. Fehrenbacher is also a certified construction insurance & risk specialist (CRIS) by the International Risk Management Institute, Inc. (IRMI). He has received formal OSHA training and certification, which he implements in advising contractors concerning safety inspections and in formal proceedings before state OSHA entities. Mr. Fehrenbacher understands the legal intricacies of insurance coverages available to construction contractors, including, but not limited to, form policies (including ISO GL and property coverage forms and endorsements) and insurer-specific builders' risk policies and their respective applications in construction project contexts. He frequently represents construction contractors in complex liability insurance coverage disputes. Mr. Fehrenbacher is admitted to practice in the Supreme Court of Tennessee, the Supreme Court of Kentucky, the Supreme Court of Illinois, the Supreme Court of Indiana, the Supreme Court of Texas, the Supreme Court of Iowa, the United States Court of Appeals for the Federal Circuit, the United States Court of Federal Claims, the United States Court for the Western District of Kentucky, and the United States Court for the Southern District of Indiana. He earned his B.A. degree, with honors, from Indiana University and his J.D. degree from the University of Notre Dame.
JOSHUA D. SWANSON is the general counsel of Lunda Construction Company, a civil contractor who specializes in bridge building. In his role, he has had a very diverse practice in Minnesota and Wisconsin state, federal and administrative courts for six years. Prior to beginning his role at Lunda, Mr. Swanson was in private practice with a focus on consumer protection, bankruptcy, civil litigation and appeals. He combines over 12 years of experience in the construction industry as a project manager and executive with his nine years of legal experience to address the daily challenges of his role. In his role as general counsel, Mr. Swanson deals with a variety of issues from transactional work to personal injury, property damage and contractual claims. He is a member of the Minnesota State Bar Association, Hennepin County Bar Association and State Bar of Wisconsin. Mr. Swanson received his B.A. degree from Viterbo University and his J.D. degree, cum laude, from William Mitchell College of Law.
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