Alabama Construction Law From Start to Finish

Agenda / Content Covered

All times are shown in Central time.

1. Overview of the Construction Process
   9:00 - 10:00, Nolanda Hatcher
   1. Applicable Law, Regulations, and Statutes
   2. Different Types of Project Delivery Systems and Responsibilities
   3. Roles of Parties and How They Interact
2. Construction Contracts
   10:00 - 11:00, L. Griffin Tyndall
   1. Overview of Contract Terms and Language
   2. AIA Contracts
   3. ConsensusDocs and Other Standard Contracts
   4. Allocating Risk Within Your Contract
   5. Drafting Basics
   6. Contract Clauses and Key Provisions You Need to Know
      1. Payment
      2. Scope of Work
      3. Substantial Completion
      4. Other Essential Clauses
   7. Understanding Subcontract Terms and Flow-Through Clauses
3. Mechanic's/Construction Liens and Payment Issues
   11:15 - 12:15, L. Griffin Tyndall
   1. How Liens Work
   2. Preliminary Lien Requirements
   3. Filing a Lien
   4. Understanding Public vs. Private
   5. Bonds and Surety Claims
   6. Enforcement
4. Changes and Delays in Construction Projects
   1:15 - 2:15, Ethan A. Wilkinson
   1. Handling Change Orders
   2. Documenting Changes and Extra Work
   3. Excusable, Concurrent, or Inexcusable
   4. Deficient Plans or Specifications: Design vs. Performance
   5. Damages
5. Ethics for Construction Attorneys
   2:15 - 3:15, Larry S. Logsdon
   1. Rules of Professional Conduct
   2. Conflicts of Interest
   3. Confidentiality
   4. Attorney Fees
   5. Avoiding Malpractice
6. Construction Lawsuit Basics
   3:30 - 4:30, Ethan A. Wilkinson
   1. Types of Claims
   2. Time Requirements
   3. Documentation Requirements
   4. Insurance Basics for the Construction Attorney
   5. Dispute Resolution-Arbitration/Mediation

Accreditation Details:

NOLANDA HATCHER is the principal of Studio 2H Design, LLC. She has worked in the construction industry since 1990. After serving as a project architect for 10 years, Ms. Hatcher organized NHB Group, LLC in 2002. In 2015, NHB Group and Hoskins Architecture merged to form Studio 2H Design, LLC (S2HD). She demonstrates the ability to conceptualize projects, reduce complexity, and remain consistent in realizing S2HD’s vision to “Provide the Client and Community with Design Excellence Beyond Expectation.” Ms. Hatcher has extensive experience designing churches, educational facilities, healthcare facililies, commercial and municipal buildings, banks, apartments, and private residences. She also serves clients by offering construction management and master planning scopes of service. Ms. Hatcher received her B.A. degree in architecture from the University of Notre Dame and her J.D. degree from Cumberland School of Law. She is a member of the Alabama State Board for the Registration of Architects, May 2018 -current; Jefferson County Housing Authority Commission, 2012-current (chairperson since 2015); American Institute of Architects (AIA); National Council of Architectural Registration Boards (NCARB); AIA Birmingham Chapter, president, 2004; and the National Organization of Minority Architects (BNOMA), president, 2005.

LARRY S. LOGSDON is a member of Wallace, Jordan, Ratliff & Brandt, LLC, and joined the firm in 1997. Mr. Logsdon practices in the area of general commercial litigation and has represented general contractors, subcontractors, owners, and suppliers involved in all aspects of the construction industry. He also practices in construction law and insurance law. Mr. Logsdon's bar admissions include the U.S. Court of Appeals for the Eleventh Circuit, U.S. District Court for the Middle District of Alabama, U.S. District Court for the Northern District of Alabama, U.S. District Court for the Southern District of Alabama, and Alabama. He earned his B.S. degree, summa cum laude from the University of Alabama; and his J.D. degree, Order of the Coif, from the University of Alabama School of Law, where he was senior editor of the Alabama Law Review. Mr. Logsdon is a member of the Alabama State Bar, American Subcontractor's Association, Association of General Contractors, and Alabama Utility Contractors Association (member, Board of Directors).

L. GRIFFIN TYNDALL is founder and shareholder of The Tyndall Firm, LLC, in Birmingham. For over two decades, Mr. Tyndall has represented a wide range of construction clients, from general contractors, subcontractors, and suppliers to owners, design professionals, lenders, and sureties. He has extensive experience in advising clients during the pre-construction process on matters such as contract and subcontract drafting and negotiation, as well as insurance and bonding issues. Mr. Tyndall also handles his clients' dispute resolution needs through litigation in both state and federal courts or through alternative dispute resolution methods such as mediation and arbitration. He earned is J.D. degree from the Cumberland School of Law at Samford University and is a former instructor at the University of Alabama at Birmingham, where he taught a course on construction law to students seeking the Masters of Engineering degree in the University's Department of Construction Engineering Management. Mr. Tyndall has been recognized by his peers as a Top Attorney as published by Birmingham Magazine, as well as Best of the Bar as published in the Birmingham Business Journal. Mr. Tyndall is admitted to practice in the state and federal courts in Alabama and Mississippi.

ETHAN A. WILKINSON is an attorney with the law firm of Weinberg Wheeler Hudgins Gunn & Dial. Mr. Wilkinson has represented individuals and businesses in a variety of matters. He predominately works in the construction industry, representing general contractors, subcontractors, owners, and other parties on contract issues and construction claims, including a focus on evaluating his clients' risks and litigation exposure and counseling them on how to strengthen their position. In addition to his construction work, Mr. Wilkinson also represents clients on employment-related issues, including in litigation, on professional liability and products liability cases, and on premises liability cases. He received his B.A. degree from Birmingham-Southern College and his J.D. degree from the University of Alabama School of Law. Mr. Wilkinson is a member of the Alabama State Bar.