Live Seminar

Construction Law: Advanced Issues and Answers

Seminar

Date:

Monday, May 14, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78957ER

Location:

Holiday Inn Louisville East-Hurstbourne

1325 South Hurstbourne Parkway

Louisville, KY 40222

$349.00

$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • KY CLE - 6.00

Other

  • AIA - 6.00
  • IACET - 0.60

Program Description

An Advanced-Level Guide to Complex Construction Law Issues

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 course, our experienced faculty will share their decades of construction law experience and will provide you with 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 - register today!

  • Anticipate which construction contract provisions will cause difficulties down the road in order to negotiate them in your client's favor.
  • Disentangle complex change order payment matters that arise from oral change orders, additional work and more.
  • Confidently determine which construction project delays are compensable and which are non-compensable.
  • Factor in current court interpretations and state anti-indemnity statutes when wading into a construction indemnity dispute.
  • Analyze CGL policy insurance documents to accurately determine who is actually covered under the policy.
  • Get to the bottom of construction defect CGL policy coverage issues such as business risk exclusions and proving defective coverage is an occurrence.
  • Fairly counter discovery delays, excessive notices and other dirty construction litigation tactics.
  • Ensure interactions with unrepresented parties during construction disputes are ethically responsible.

Who Should Attend

This advanced level seminar on complex construction law issues is for:

  • Attorneys
  • Architects
  • Construction Professionals
  • Engineers
  • Insurance Professionals
  • Real Estate Developers
  • Paralegals

Course Content

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

Continuing Education Credit

American Institute of Architects – AIA: 6.00

Continuing Legal Education – CLE: 6.00 *

International Association for Continuing Education Training – IACET: 0.60


* denotes specialty credits

Agenda / Content Covered

  1. Construction Contracts: Advanced Negotiation Techniques for the Top Sticking Points
    9:00 - 9:45, Tony W. Fehrenbacher, Daniel E. Fuchs and Andrew J. Manion
    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. Determining Responsibility and Remedy for Delays
    9:45 - 10:25, Tony W. Fehrenbacher, Daniel E. Fuchs and Andrew J. Manion
    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
  3. Change Orders and Extra Work - Payment Issues Disentangled
    10:40 - 11:25, Stephen E. Smith
    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
  4. Negotiating Damages in Construction Disputes
    11:25 - 12:10, Stephen E. Smith
    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
  5. Indemnification Disputes - What is the Scope and Meaning of the Contractual Clause?
    1:10 - 1:55, Tony W. Fehrenbacher, Daniel E. Fuchs and Andrew J. Manion
    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
  6. Determining Who is Insured Under Commercial General Liability Policies
    1:55 - 2:35, Tony W. Fehrenbacher, Daniel E. Fuchs and Andrew J. Manion
    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
  7. Coverage for Construction Defects Under CGL Policies
    2:50 - 3:30, Tony W. Fehrenbacher, Daniel E. Fuchs and Andrew J. Manion
    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?
  8. Ethics for Construction Attorneys
    3:30 - 4:30, Mary E. Eade
    1. Client Authority
    2. Contractual Claims for Attorneys' Fees/Expenses
    3. Dealing With Unrepresented Persons
    4. Ethical Concerns as "Attorney for the Project"

MARY E. EADE is a partner with Nemes Eade PLLC. Her areas of practice are commercial litigation, business related torts, construction law, employment law, bankruptcy and personal injury. Ms. Eade is admitted to practice in Kentucky and before the U.S. Court of Appeals for the Sixth Circuit, U.S. District Courts for the Eastern and Western Districts of Kentucky, U.S. District Courts for the Southern District of Indiana, and U.S. Bankruptcy Court Southern District of Indiana. She earned her B.A. degree from the University of Western Kentucky, her M.A. degree from the University of Georgia, and her J.D. degree from Washington and Lee University School of Law.

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 and 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 courts of Tennessee, Kentucky, Illinois, Indiana, Texas and Iowa; United States Court of Appeals, Federal Circuit; United States Court of Federal Claims; United States Court, Western District of Kentucky; and United States Court, Southern District of Indiana. He earned his B.A. degree, with honors, from Indiana University; and J.D. degree from the University of Notre Dame.

DANIEL E. FUCHS is an attorney with Manion Stigger LLP, where he practices construction law. Mr. Fuchs has developed a depth of knowledge covering many different kinds of construction projects including industrial, highway, commercial, multi-family, healthcare, and utility construction. His experiences - both in the field as a general contractor and in his practice as a lawyer - provide him the unique ability to address legal issues on a project site with practical considerations of a contractor in mind. From contract negotiation and drafting to resolving disputes in mediation, arbitration or litigation, Mr. Fuchs represents contractors, subcontractors, and owners in an array of matters, from contract negotiation and drafting to resolving disputes in mediation, arbitration or litigation after work in the field is done. He is admitted to practice in Kentucky and Indiana and before the Supreme courts of Kentucky and Indiana; U.S. District Court, Western and Eastern districts of Kentucky; and U.S. District Court, Southern District of Indiana. Mr. Fuchs is a member of the Kentucky Bar Association (Construction & Public Contract Law Section, chair) and the American Bar Association (Forum on Construction Law, Division II Public Contract Law Section, Litigation Section, Construction Litigation Subsection). He earned his B.E. degree, cum laude, from Vanderbilt University and J.D. degree, cum laude, from the University of Louisville.

ANDREW J. MANION is a partner with Manion Stigger LLP. Mr. Manion focuses his law practice on matters related to construction and the business of construction. This focus combines his engineering education, project management experience, business education and background in law. His work as a construction lawyer has included extensive experience as a trial attorney (jury trials, court trials, arbitrations and frequent oral arguments in trial and appellate practice), as well in drafting/negotiating contracts of all varieties for the construction process. Mr. Manion represents general contractors, design-builders, construction managers and subcontractors, and he frequently lectures on construction-related topics. He is admitted to practice in Indiana, Illinois, Kentucky, and Ohio. He is also admitted to the Supreme Court of the United States; the Supreme court of Indiana, Illinois, Kentucky and Ohio; the United States Court of Appeals, Sixth Circuit; the United States Court of Appeals, Seventh Circuit; the United States District Court, Northern District of Indiana; the United States District Court, Southern District of Indiana; the United States District Court, Western District of Kentucky; the United States District Court, Eastern District of Kentucky; the United States District Court, Southern District of Ohio; and the United States District Court, Southern District of Illinois. Mr. Manion earned his B.S.C.E degree from Purdue University, his J.D. degree from St. Louis University, and his M.B.A. degree from the University of Southern Indiana.

STEPHEN E. SMITH is a partner with the Louisville law firm of Goldberg Simpson, LLC. His primary areas of practice are construction, public acquisition, and corporate law. Before joining the firm in 1989, Mr. Smith served the public sector with the United States Army Corps of Engineers for 15 years. As district counsel, and as senior legal advisor to the commander, he was responsible for construction claims and dispute resolution. Since entering private practice, Mr. Smith represents all aspects of the construction family, including public and private owners, large general contractors and construction managers, as well as specialty subcontractors. He devotes a considerable amount of his time as a commercial mediator and arbitrator. He is a member of both the American Arbitration Association Panel of Construction Arbitrators and Panel of Construction Mediators. He is approved as a mediator and arbitrator for all disputes arising under the Greater Louisville Association of Realtors. He has been selected by members of the Louisville Bar as a Louisville Magazine’s Top Lawyer in the areas of construction, and arbitration and mediation-non-family for the last four years. He has been selected as a Kentucky Super Lawyer annually since 2007. He was selected to Best Lawyers in America in 2015 and 2016. Mr. Smith earned both his Bachelor of Arts and his law degree from the University of Louisville. He graduated from law school in 1974. He remains a frequent lecturer and instructor in the areas of federal acquisition and construction claims administration. Mr. Smith is a member of the Federal, Kentucky, and Louisville bar associations; the ABA Forum on The Construction Industry; and a founding member of the Kentucky Bar Association Construction Practice Section.

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:

American Institute of Architects

N AIA: 6.00
NBI, Inc. is a Registered Provider with The American Institute of Architects Continuing Education System and is offering this registered program for 6.0 AIA/CES Learning Units, which will be reported to the AIA/CES for AIA members.


Continuing Legal Education

KY CLE: 6.00 Includes - Ethics: 1.00
This activity has been approved by the Kentucky Bar Association Continuing Legal Education Commission for a maximum of 6.0 credits, of which 1.0 hour relates to ethical considerations.


International Association for Continuing Education Training

N IACET: 0.60
NBI, Inc. is accredited by the International Association for Continuing Education and Training (IACET) and is authorized to issue the IACET CEU. NBI, Inc. is authorized by IACET to offer 0.6 CEUs for this program. At the end of the program, participants must complete a self-assessment in order to receive credit. 100% attendance is required. (Provider #1004558)

Upon completion of this course, attendee will be able to: 1. Identify two construction contract provisions that can potentially cause difficulties down the road. 2. Describe two pieces of documentation needed to prove construction project delays and damages. 3. Differentiate between real and perceived changes to a construction project. 4. Differentiate between direct and consequential damages. 5. Identify two different types of indemnity clauses. 6. Describe the most common additional insured endorsements in a CGL policy. 7. State from recall how defective construction may be considered an occurrence under a CGL policy. 8. Describe how attorneys should deal with unrepresented parties in an ethically responsible manner.

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Fax: 715.835.1405
Mail: NBI
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