Audio CD + Course Book

Construction Law: Advanced Issues and Answers

Audio CD + Course Book

Copyright Date:

December, 2017

Product ID#:

77280CDRA

Audio + Course Book

Credit Information

Continuing Legal Education

  • CO CLE - 7.00
From Event: Construction Law: Advanced Issues and Answers, held December 2017.

Program Description

On any construction project, seemingly simple issues can quickly become complex if not handled correctly. That's why it's essential to have an in-depth understanding of critical construction project legal matters that have the potential to cause severe headaches for your clients. In this advanced-level construction law overview, you will obtain valuable tools you can use to help your clients through change order disasters, project delay disagreements, construction defect disputes and more. Provide your clients with the best representation possible by expanding your knowledge of complicated construction project issues - order today!

Course Content

  1. Construction Contracts: Advanced Negotiation Techniques for the Top Sticking Points
  2. Change Orders and Extra Work - Payment Issues Disentangled
  3. Determining Responsibility and Remedy for Delays
  4. Indemnification Disputes - What is the Scope and Meaning of the Contractual Clause?
  5. Determining Who is Insured Under Commercial General Liability Policies
  6. Negotiating Damages in Construction Disputes
  7. Ethics for Construction Attorneys

Continuing Education Credit

Continuing Legal Education – CLE: 7.00 CO - Credit Approval Expiration 12/11/2019 *


* denotes specialty credits

Agenda / Content Covered

  1. Construction Contracts: Advanced Negotiation Techniques for the Top Sticking Points
    9:00 - 10:00, Jean C. Arnold
    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. Change Orders and Extra Work - Payment Issues Disentangled
    10:15 - 11:15, Matthew A. Athey
    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
  3. Determining Responsibility and Remedy for Delays
    11:15 - 12:00, J. David Arkell
    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
  4. Indemnification Disputes - What is the Scope and Meaning of the Contractual Clause?
    1:00 - 1:45, Jean C. Arnold
    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
  5. Determining Who is Insured Under Commercial General Liability Policies
    1:45 - 2:30, Steven T. Mulligan
    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. Negotiating Damages in Construction Disputes
    2:45 - 3:30, J. David Arkell
    1. Distinguishing Direct and Consequential Damages
    2. Calculating Acceleration Damages
    3. Reducing Damages by Claiming Betterment
    4. Non-Monetary Remedies to a Construction Dispute
    5. Preserving Business Relationships While Negotiating Damages
  7. Ethics for Construction Attorneys
    3:30 - 4:30, Matthew A. Athey
    1. Client Authority
    2. Contractual Claims for Attorneys' Fees/Expenses
    3. Dealing With Unrepresented Persons
    4. Ethical Concerns as "Attorney for the Project"

J. DAVID ARKELL s a partner in the trial section at Moye White LLP. Mr. Arkell's areas of practice are alternative dispute resolution and construction law. He arbitrates and mediates construction disputes as a trained and experienced neutral decision maker or facilitator. Mr. Arkell advises owners, general contractors, subcontractors, suppliers and sureties on planning and dispute avoidance, as well as dispute resolution through negotiation, mediation, arbitration, and litigation. He drafts and negotiates construction contracts and other documents for both private and public construction projects. Mr. Arkell is a member of the American Arbitration Association (AAA) National Construction Industry Arbitration panels for regular and large and complex cases and the AAA Construction Industry Mediation Panel. Currently, he serves on the Associated General Contractors (AGC) of Colorado Legislative Committee. Additionally, Mr. Arkell is a member of the American Bar Association Forum on the Construction Industry and a past chair of the Colorado Bar Association Construction Law Section. Because of his extensive expertise in construction contracts and disputes, Mr. Arkell is from time to time called on to serve in unique roles related to construction litigation. He has presented numerous seminars on construction law topics for clients, construction trade groups, and related construction organizations during his career.

JEAN C. ARNOLD is a partner at the law firm of Arnold & Arnold, LLP, founded in 1994. Her practice focuses on construction law, litigation and contracts; arbitration; mechanics' liens; real estate, including landlord/tenant; administrative law; collections; and creditor representation in the bankruptcy court. Ms. Arnold is a frequent presenter, teacher, and corporate trainer for trade and bar associations and continuing education organizations on construction business and real estate mechanic's liens, collections, and legal ethics. She is a graduate of the University of Denver, where she earned her B.S.B.A., summa cum laude, J.D. and M.B.A. degrees. Ms. Arnold taught the legal topics curriculum in the construction management certificate program at Red Rocks Community College. She teaches the monthly collections clinic for the 1st Judicial District Bar Association as part of Colorado' Access to Justice Project. She is admitted to practice in Colorado; and before the U.S. District Court for the District of Colorado, the U.S. Bankruptcy Court and the U.S. Court of Appeals (10th Circuit). Ms. Arnold is a council member of the Real Estate Section of the Colorado Bar Association, and a member of the American and the 1st Judicial District bar associations; and The Denver Law Club.

MATTHEW A. ATHEY is a partner with the law firm of Jorgensen Brownell & Pepin PC, where his areas of emphasis include construction law, real estate law, and corporate law. He is a member of the Colorado, Larimer County, and Weld County bar associations. Mr. Athey is admitted to practice in Colorado and the U.S. District Court of Colorado. He earned his B.A. degree from the University of Nebraska at Kearney and his J.D. degree from Barry University School of Law.

STEVEN T. MULLIGAN is counsel in the Denver office of Jackson Kelly PLLC, a firm with offices also in Indiana, Kentucky, Ohio, Pennsylvania, Washington, D.C., and West Virginia. Mr. Mulligan’s practice focuses on business and commercial law, including contract review and negotiation, construction contracting, mechanic's liens, commercial litigation, foreclosures, commercial transactions, mergers and acquisitions, company formation, business restructuring and reorganization, creditor’s rights, workouts, and receiverships. He represents a wide range of clients including contractors, business owners, entities, and individuals. He is admitted to practice in Colorado and the U.S. Court of Appeals for the 10th Circuit, the U.S. District Court for the District of Colorado, and the U.S. Bankruptcy Court for the District of Colorado. Mr. Mulligan received a B.A. degree from the University of Colorado in Boulder, Colorado, and his J.D. degree from the University of Denver Sturm 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

Email: credit@nbi-sems.com

Accreditation Details:

Continuing Legal Education

CO CLE: 7.00 Credit Approval Exp
12/11/2019
Includes - Ethics: 1.20
This program may qualify for up to 7.0 hours of self-study general Colorado Continuing Legal Education Credit, including 1.2 ethics credit.


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