Agenda / Content Covered

All times are shown in Eastern time.

1. Drafting and Negotiating Construction Contracts to Avoid Future Disputes
   10:00 - 11:00, Brian A. Autry
   1. Spotting Dangers in AIA and Other Form Contracts
      1. Owner Liabilities
      2. Contractor Liabilities
      3. Subcontractor Liabilities
   2. Ensuring Parties with no Construction Industry Knowledge Understand the Contract
   3. Avoiding Conflicts with Other Key Project Documents
   4. The Top Clauses That Lead to Disputes: Negotiating Them in Your Client's Favor
      1. Scope of Work
      2. Payment Clauses
      3. Termination Clauses
      4. Dispute Resolution Provisions
2. Indemnity and Insurance: Allocating Risk in Construction Projects
   11:15 - 12:15, Robert T. Lyles Jr.
   1. Contractual Indemnification: How Broad is too Broad?
   2. CGL Policy Coverage and Additional Insured Issues
   3. Ensuring Indemnity Provisions Leave no Room for Interpretation: With Examples
   4. Ensuring Indemnity Clauses and Insurance Documents Align
   5. Indemnity and Construction Defect Claims
   6. Using Surety Bonds to Protect Against Risk
3. Dealing with Deficient Plans and Specifications
   12:15 - 1:15, Robert T. Lyles Jr.
   1. Rights, Liabilities and Obligations of the Parties
   2. Ambiguity in Specifications
   3. Errors Discovered Prior to Building
   4. Defects Discovered During Construction
   5. Damages and Compensation
4. Changes and Delays: Practical Strategies to Deal with the Inevitable and Avoid Disputes
   1:45 - 2:45, James M. McMahon
   1. Handling Change Order Issues, Including Oral Change Orders
   2. Documenting Changes and Extra Work
   3. Project Delays: Excusable vs. Inexcusable
   4. Dealing with Cost Overruns
   5. Obtaining Damages for Changes and Delays
5. Handling Construction Project Payment Issues
   3:00 - 4:00, James M. McMahon
   1. Contractual Payment Clauses and Their Effects
   2. Private Project Remedies
      1. Mechanic's Liens
      2. Stop Notices
      3. Payment Bonds
   3. Public Project Remedies
      1. Miller Act, "Little Miller" Acts and Bonds
      2. Stop Notices on Public Projects
      3. Retainage Issues on Public and Private Projects
6. Ethical Considerations
   4:00 - 5:00, Russell O'Rourke
   1. Rules of Professional Conduct for Construction Law Attorneys
   2. Conflicts of Interest
   3. Attorney Fees
   4. Lawyer Liability

Accreditation Details:

BRIAN A. AUTRY is an attorney with Kenison Dudley & Crawford, LLC, where he practices in the areas of construction, commercial transactions, commercial real estate, and contract litigation. Mr. Autry reviews and drafts construction contracts, offers advice related to construction project management and insurance, and represents clients in construction disputes and litigation, including mechanic’s liens, collections, and alternative dispute resolution. He also handles commercial real estate disputes and litigation, including collections and evictions, and he advises clients on the construction and litigation aspects of commercial lease agreements. Mr. Autry earned his B.A. degree, magna cum laude, from the University of South Carolina; and his J.D. degree, cum laude, from the University of South Carolina School of Law. He is a member of Richland County Bar Association and South Carolina Bar.

ROBERT T. LYLES JR. is a shareholder with the firm of Lyles & Associates, LLC, which has offices in Charleston and Greenville. He is a trial lawyer whose practice is devoted principally to handling construction and insurance coverage and bad faith claims. Mr. Lyles regularly lectures before various industry groups and has conducted seminars on numerous topics, including construction law and insurance bad faith. He earned his B.A. degree from the College of Charleston and his J.D. degree from the University of South Carolina. Mr. Lyles is admitted to practice in South Carolina, before the United States Supreme Court, and the Fourth and Fifth Circuit Courts of Appeal. He is a member of the American Bar Association and the South Carolina Bar.

JAMES M. McMAHON is an attorney with CCA Civil, Inc. His practice focuses on construction law and litigation. Mr. McMahon is a member of the New Jersey State, New York State and Massachusetts bar associations; the New Jersey State Bar Association's Construction Law Section; the Federal District courts of New Jersey, and New York, and the Third Circuit Court of Appeals. He is also an active member of the New Jersey Association of General Contractors and the New Jersey Utility and Transportation Contractors Association, serving on the association's Legislative Affairs Committee. Mr. McMahon earned his B.A. and B.S. degrees from Boston College and his J.D. degree, cum laude, from Suffolk University Law School.

RUSSELL O’ROURKE is a partner with Meyers, Roman, Friedberg & Lewis, where he serves as chair of their construction Group. As legal counsel for The Builders Exchange and Home Builders Association, Mr. O'Rourke's 30+ years of active involvement in construction industry trade associations, understanding both the requirements of the law and the business savvy to successfully operate within the industry, have allowed him to serve in the roles of client and industry advisor, lawyer, advocate and leader. His active engagement has also translated into driving and contributing to legislative change for the benefit of the construction industry, recognizing the issues that are most important to his clients and advising them of various approaches and resolution options using good business judgment. He represents contractors, subcontractors, suppliers, homebuilders and remodelers throughout all stages of the process, "cradle to grave" bidding, contract negotiation, notices of furnishing, change orders, claims and claims avoidance, mechanics' liens, bond claims and dispute resolution. Mr. O'Rourke received his B.A. degree from the University of Vermont and his J.D. degree from Cleveland-Marshall College of Law, Cleveland State University. His civic and professional involvement includes The Builders Exchange (Cleveland, Toledo, Dayton and Cincinnati), general counsel, past-president and board member; Home Builders Association of Greater Cleveland, legal counsel; American Subcontractors Association of Ohio, founding president and board member, past chair of the Legislative Committee; American Bar Association, Construction Law Forum; Mechanic's Lien Committee of the Real Estate Litigation Section; ASA National, Washington, DC, four-term board member; ASA National Attorneys Council, past-chair and current member; ASA National Subcontractor's Legal Defense Fund, past-chair; Cleveland-Marshall College of Law, Cleveland State University, adjunct professor of law; Cuyahoga County Court of Common Pleas, arbitration panel chair, and Cuyahoga County Court of Common Pleas, commercial dispute mediator.