Audio CD + Course Book

Construction Law: Advanced Issues and Answers

Audio CD + Course Book

Copyright Date:

March, 2018

Product ID#:

78365CDRA

Audio + Course Book

Credit Information

Continuing education credit
is not available on this program.


  • For additional questions regarding
  • continuing education credits,
  • please contact us at 866-240-1890
  • or credit@nbi-sems.com
From Event: Construction Law: Advanced Issues and Answers, held March 2018.

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. Coverage for Construction Defects Under CGL Policies
  7. Negotiating Damages in Construction Disputes
  8. Ethics for Construction Attorneys

Continuing Education Credit

Continuing education credit is not available at this time.
For additional questions regarding continuing education credits please contact us at 866-240-1890 or credit@nbi-sems.com.

Agenda / Content Covered

  1. Construction Contracts: Advanced Negotiation Techniques for the Top Sticking Points
    9:00 - 9:45, Jessica R. Derenbecker
    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
    9:45 - 10:30, Andrew G. Vicknair
    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
    10:45 - 11:15, Adrian A. D'Arcy
    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?
    11:15 - 12:00, Jessica R. Derenbecker
    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
    1:00 - 1:45, Elizabeth L. Gordon
    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
  6. Coverage for Construction Defects Under CGL Policies
    1:45 - 2:30, Elizabeth L. Gordon
    1. Treating Defective Construction as an Occurrence
    2. Business Risk Exclusions and Subcontractor Exception Removal
    3. Avoiding the Known Risk Provision
    4. Voluntary Remediation and the "Legally Obligated" Requirement
    5. The Total Pollution Exclusion - How Total is it?
  7. Negotiating Damages in Construction Disputes
    2:45 - 3:30, Jeffrey K. Prattini
    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
  8. Ethics for Construction Attorneys
    3:30 - 4:30, Michael S. Blackwell
    1. Client Authority
    2. Contractual Claims for Attorneys' Fees/Expenses
    3. Dealing With Unrepresented Persons
    4. Ethical Concerns as "Attorney for the Project"

MICHAEL S. BLACKWELL is an attorney with Shields | Mott L.L.P. His practice focuses primarily on the areas of construction litigation, surety law, commercial industry contracts and litigation, insurance defense, property litigation, and complex civil litigation. Mr. Blackwell is admitted to practice before all courts in Louisiana; the U.S. District Court for the Eastern, Middle, and Western districts of Louisiana; and the U.S. Court of Appeals for the Fifth Circuit. He earned his B.A. degree from the University of South Alabama and his J.D. degree, magna cum laude, from Loyola University New Orleans College of Law. Mr. Blackwell is a member of the Louisiana State Bar Association, New Orleans Bar Association and Federal Bar Association.

ADRIAN A. D'ARCY is a partner with Shields | Mott L.L.P. His primary practice areas include commercial litigation and construction and surety litigation. Mr. D'Arcy has represented clients in the above areas at mediations, arbitrations and in federal and state courts. He is admitted to practice before all Louisiana state courts; the U.S. District Court for the Eastern, Western and Middle districts of Louisiana; the Federal Court of Claims, and the U.S. Court of Appeals for the Fifth and Second circuits. M. D'Arcy is a member of the Louisiana State Bar Association and the Federal Bar Association. He earned his B.A. degree, with honors, from University College, Dublin, Ireland; and his J.D. degree, cum laude, from Loyola Law School. Mr. D'Arcy has presented seminars on legal issues in the construction industry, on the growing area of sustainable construction, and on civil procedure in both state and federal courts.

JESSICA R. DERENBECKER is an attorney with Shields | Mott L.L.P. Her primary areas of practice include construction and surety litigation, including construction defect claims, payment claims, and claims of general contractors, subcontractors, and owners; contract litigation; commercial litigation; and contract review. Ms. Derenbecker is a member of the New Orleans Bar Association (Construction Division and Young Lawyers Division), Louisiana State Bar Association, Federal Bar Association and the Junior League of New Orleans. She is admitted to practice before all state and federal courts in Louisiana. Ms. Derenbecker earned her bachelor’s degree from Louisiana State University and her J.D. degree from Tulane University Law School. While at Tulane, she served as a managing editor for the Tulane Maritime Law Journal, as a member of the Tulane Moot Court Board, and as a member of the Tulane Inn of Court.

ELIZABETH L. GORDON is a partner at Shields | Mott L.L.P. and has been practicing law in Louisiana since 1992. She concentrates in the practice areas of construction law and commercial litigation. Ms. Gordon has experience representing owners, contractors, subcontractors and design professionals in all aspects of construction from construction contract negotiation and drafting, claim drafting and counseling during the construction and resolution of claims through the use of appropriate state or federal courts or before arbitration panels. She has handled these issues against private, local, state and federal agencies. Ms. Gordon has handled state and public law lien claims and federal Miller Act claims. She has also practiced in the areas of oil and gas transactions and litigation, environmental litigation, products liability and mass tort litigation and medical malpractice defense. Ms. Gordon earned her B.S. degree from Tulane University Freeman School of Business and her J.D. degree from Loyola Law School. She is a member of the Louisiana State Bar Association, the American Bar Association and the National Association of Women in Construction.

JEFFREY K. PRATTINI is an attorney with Shields | Mott L.L.P. His primary practice areas include public bid law disputes, construction and surety litigation, contract analysis and review, contract litigation, and products liability. Mr. Prattini is admitted to practice before all Louisiana state courts and the U. S. District courts for Louisiana. He is a member of the Louisiana State Bar Association. Mr. Prattini is an experienced litigator and has represented clients in judge trials, jury trials, arbitrations, mediations, and before multiple Louisiana courts of Appeal and the Louisiana Supreme Court. In addition to his litigation practice, he provides general legal advice for clients, including drafting contracts, risk assessment, and claim handling. Mr. Prattini is a regular speaker at CLE seminars; and has presented for the Joint CFMA Conference and other conferences and seminars. He earned his bachelor's degree from Louisiana State University and his J.D. degree from Loyola University School of Law, where he served as the article/index editor of the Loyola Law Review.

ANDREW G. VICKNAIR is a partner with Shields | Mott L.L.P. His primary practice includes intellectual property matters; litigation and prosecution of patents, trademarks and copyrights; construction litigation; construction contracts; and commercial litigation. Mr. Vicknair is admitted to practice before all Louisiana, Texas and New York state courts; U.S. District Court for the Eastern, Western and Middle districts of Louisiana; U.S. Court of Appeals for the Fifth Circuit; U.S. Supreme Court, and is registered to practice before U.S. Patent and Trademark Office. He earned his B.S. degree from Louisiana Tech University and his J.D. degree from Loyola University.

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

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