Live Video Webcast

Construction Law: Ultimate Bootcamp

Video Webcast

Date:

Wednesday, November 14, 2018
REBROADCAST

Product ID#:

81289ER

Time:

Eastern: 10:00 AM - 5:00 PM

Central: 9:00 AM - 4:00 PM

Mountain: 8:00 AM - 3:00 PM

Pacific: 7:00 AM - 2:00 PM

$339.00

$329 / Each Additional

Includes Downloadable Course Book

Credit Information

Choose State:



Program Description

Broaden Your Construction Law Knowledge

Do you have the skills you need to navigate through construction project legal issues? Broaden your knowledge of construction legal issues by examining how to negotiate contracts, navigate indemnification provisions, and avoid costly delays. Our esteemed faculty will also guide you through practical strategies to handle these issues and more. Take your construction contract skills to the next level - register today!

  • Learn how to avoid future disputes by drafting and negotiating effective construction contracts.
  • Disentangle construction project indemnity and insurance issues.
  • Understand how to deal with unsatisfactory plans and specifications.
  • Discover reasonable strategies for handling unavoidable disputes that may cause changes or delays.
  • Examine methods for approaching various payment issues associated with construction projects.

This is a rebroadcast of the original webcast delivered by William E. Gschwind, John A. Markert and Thomas R. Olson on February 28, 2018. Faculty will be available to answer your questions after the program.

Who Should Attend

This program covers construction contract fundamentals for attorneys. It may also benefit construction executives and paralegals.

Course Content

  1. Drafting and Negotiating Construction Contracts to Avoid Future Disputes
  2. Indemnity and Insurance: Allocating Risk in Construction Projects
  3. Dealing with Deficient Plans and Specifications
  4. Changes and Delays: Practical Strategies to Deal with the Inevitable and Avoid Disputes
  5. Handling Construction Project Payment Issues
  6. Ethical Considerations

Continuing Education Credit

Continuing Legal Education

Credit Hrs State
CLE 6.00 -  AK*
CLE 6.00 -  AL*
CLE 6.00 -  AZ*
CLE 6.00 -  CA*
CLE 7.00 -  CO*
CLE 6.00 -  CT*
CLE 6.00 -  DE*
CLE 7.00 -  FL*
CLE 6.00 -  GA*
CLE 6.00 -  HI*
CLE 6.00 -  IA*
CLE 6.00 -  ID*
CLE 6.00 -  IL*
CLE 6.00 -  IN*
CLE 7.00 -  KS*
CLE 6.00 -  KY*
CLE 6.00 -  LA*
CLE 6.00 -  ME*
CLE 6.00 -  MN*
CLE 7.20 -  MO*
CLE 6.00 -  MP
CLE 6.00 -  MS*
CLE 6.00 -  MT*
CLE 6.00 -  NC*
CLE 6.00 -  ND*
CLE 6.00 -  NE*
CLE 6.00 -  NH*
CLE 7.20 -  NJ*
CLE 6.00 -  NV*
CLE 7.00 -  NY*
CLE 6.00 -  OH*
CLE 7.00 -  OK*
CLE 6.00 -  OR*
CLE 6.00 -  PA*
CLE 7.00 -  RI*
CLE 6.00 -  SC*
CLE 6.00 -  TN*
CLE 6.00 -  TX*
CLE 6.00 -  UT*
CLE 6.00 -  VA*
CLE 6.00 -  VT*
CLE 6.00 -  WA*
CLE 7.00 -  WI*
CLE 7.20 -  WV*
CLE 6.00 -  WY*

* denotes specialty credits

Agenda / Content Covered

All times are shown in Eastern time

  1. Drafting and Negotiating Construction Contracts to Avoid Future Disputes
    10:00 - 11:00, William E. Gschwind
    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, William E. Gschwind
    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
    12:45 - 1:45, Thomas R. Olson
    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, John A. Markert
    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, Thomas R. Olson
    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, John A. Markert
    1. Rules of Professional Conduct for Construction Law Attorneys
    2. Conflicts of Interest
    3. Attorney Fees
    4. Lawyer Liability

WILLIAM E. GSCHWIND founded Minnesota Construction Law Services PLLC in 2012. Located in Minneapolis, Minnesota, his firm is focused on providing legal and business services to owner-operated residential contractors and related small businesses. Mr. Gschwind became a lawyer after more than 25 years in the business world. His clients benefit from his extensive knowledge of how construction law and contractor documents can help them grow and protect their business. Mr. Gschwind received his B.S. degree from the University of Wisconsin-Madison, his MBA degree from the University of Saint Thomas - School of Business, and his J.D. degree from William Mitchell College of Law. He is a member of the American Bar Association, the Minnesota State Bar Association, the National Association of the Remodeling Industry, and the Builders Association of the Twin Cities.

JOHN A. MARKERT is a partner with Larson King LLP. Mr. Markert focuses his practice on the construction industry, assisting a wide variety of clients with their legal needs, including contract drafting and negotiation, payment claims, delay claims, defective design litigation, as well as property damage and personal injury claims. His clients include contractors, subcontractors, designers, developers and suppliers. Prior to joining the firm, he spent 16 years in the construction industry, working for a general contractor in both the field and the office. Mr. Markert's experience affords him the ability to understand his client's business and quickly grasp the technical aspects of claims. This background, along with his legal experience, allows him to provide "real world" advice and practical, proactive steps to avoid claims or effectively manage them if they cannot be avoided. Mr. Markert represents clients in both offensive and defensive claims in multiple forums, including state and federal court, arbitration and administrative hearings. He also serves as a mediator for construction disputes. Specific areas of litigation expertise include the following: payment disputes, including mechanic's liens and bond claims; design defect claims; delay and cumulative impact claims; warranty claims; insurance coverage disputes; defense of wrongful death and catastrophic injury claims; and administrative board actions. Mr. Markert was recognized as a "Rising Star" attorney for 10 consecutive years and named a Minnesota "Super Lawyer" in 2014, 2015 and 2016 by the Minnesota Law & Politics magazine. Mr. Markert received his B.A. degree from the University of Minnesota and his J.D. degree from William Mitchell College of Law. He is a member of the American Bar Association, Minnesota State Bar Association, Minnesota Defense Lawyers Association, Ramsey County Bar Association, DRI Construction Practice Group,Construction Financial Management Association and Minnesota Construction Association.

THOMAS R. OLSON is the founding partner of Olson Construction Law, P.C. located in West Saint Paul, Minnesota. Mr. Olson advises contractors and sureties in construction on issues spanning most areas of underground, highway, and vertical construction. He regularly assists public contractors to secure extra payment and time extensions on city, county, state, and federal projects. Mr. Olson has trial experience before arbitration panels, state and federal courts, and federal contracting boards. He has argued appeals before the multiple state and federal appellate courts. Mr. Olson is admitted to practice in Minnesota, Iowa, Nebraska, North Dakota, and South Dakota. He is a member of the National Utility Contractors Association (board member), the Construction Law Section of the Minnesota State Bar Association, the Minnesota Association of General Contractors, the Minnesota Utility Contractors Association (former board member), the North Dakota AGC, the South Dakota AGC, the Nebraska AGC, the Iowa AGC, and the Colorado NUCA. Mr. Olson earned his B.A. degree from the University of Wisconsin-Stevens Point and his J.D. degree from Hamline University School 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

AK CLE: 6.00 Includes - Ethics: 1.00
Alaska Bar members may claim credit for attending CLE programs that have been accredited by other mandatory CLE jurisdictions. This program may qualify for up to 6.0 hours of credit, which includes 5.0 hours of VCLE credit under the voluntary CLE Rule of the Alaska Bar Association and 1.0 hours of MECLE ethics under the mandatory ethics continuing legal education CLE Rule.


AL CLE: 6.00 Includes - Ethics: 1.00
This course or a portion thereof has been approved by the Alabama State Bar Mandatory Continuing Legal Education Commission for a maximum of 6.0 credit hours, including 1.0 ethics credits.


AZ CLE: 6.00 Includes - Ethics: 1.00
The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 6.0 hours toward your annual MCLE requirement for the State of Arizona, including 1.0 hour of professional responsibility.


CA CLE: 6.00 Includes - Ethics: 1.00
This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 6.0 hours, of which 1.0 hour will apply to legal ethics. NBI, Inc. certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. NBI, Inc. is a State Bar of California approved MCLE provider - #53.


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


CT CLE: 6.00 Includes - Ethics: 1.00
Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of NBI, Inc. that this activity qualifies for up to 6.0 hours toward your annual CLE requirement in Connecticut, including 1.0 hour(s) of ethics/professionalism.


DE CLE: 6.00 Includes - Ethics: 1.00
NBI, Inc. is an accredited sponsor of the Delaware Commission on Continuing Legal Education and recommends this program for 6.0 hours of eCLE credit, including 1.0 hour of enhanced ethics. No more than 12.0 hours of eCLE credit may be earned during a reporting period.


FL CLE: 7.00 Includes - Ethics: 1.00
Approved by The Florida Bar for a maximum of 7.0 general hours of CLER credit including 1.0 hour of ethics.


GA CLE: 6.00 Includes - Ethics: 1.00
This program is approved by the Georgia Commission on Continuing Lawyer Competency. This program may qualify for up to 6.0 hours of distance learning continuing legal education credit with the Georgia Commission on Continuing Lawyer Competency, which includes 1.0 hour of distance learning ethical considerations.


HI CLE: 6.00 Includes - Ethics: 1.00
NBI, Inc. is an Accredited Provider with the Hawaii State Board of Continuing Legal Education. This alternative format activity has been approved for up to 6.0 hours of credit for the state of Hawaii, which includes 1.0 hour of ethics or professional responsibility education.


IA CLE: 6.00 Includes - Ethics: 1.00
"Construction Law: Ultimate Bootcamp" is an accredited program under the regulations of the Iowa Supreme Court Commission on Continuing Legal Education. It is planned that this program will provide a maximum of 6.0 hours of regular credit toward the mandatory continuing legal education requirements under the Iowa rule, including 1.0 hour of ethics credit.


ID CLE: 6.00 Pending Credit Approval Includes - Ethics: 1.00
This program has been submitted for continuing legal education credit in the state of Idaho.


IL CLE: 6.00 Includes - Ethics: 1.00
This program has been approved by the Illinois MCLE Board for 6.0 hours of CLE credit, which includes approval for 1.0 hour of legal ethics CLE credit by the Illinois Supreme Court Commission on Professionalism.


IN CLE: 6.00 Includes - Ethics: 1.00
This course has been approved by the Indiana Supreme Court Office of Admissions & Continuing Education. Participating attorneys are eligible to receive up to 6.0 hours of distance education, which includes 1.0 hour of ethics. Newly admitted attorneys may receive up to 6.0 hours of new attorney CLE. No more than 9.0 hours of distance education CLE credit may be earned during a reporting period, and there is no carry over of excess distance education hours.


KS CLE: 7.00 Includes - Ethics: 1.00
Approved by the Kansas Continuing Legal Education Commission for 7.0 hours of continuing legal education credit, which includes 1.0 hour of ethics and professionalism credit.


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.


LA CLE: 6.00 Includes - Ethics: 1.00
This course or a portion thereof has been approved by the Louisiana State Bar Association Committee on MCLE. This program may qualify for up to 6.0 hours (based on a 60-minute credit hour) of self-study credit, of which 1.0 hour will apply to self-study ethics credit. No more than 4.0 hours of distance learning CLE credit may be earned during a reporting period.


ME CLE: 6.00 Includes - Ethics: 1.00
This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 6.0 hours of CLE credit including 1.0 ethics hours.


MN CLE: 6.00 Includes - Ethics: 1.00
This course has been approved by the Minnesota Board of Continuing Legal Education for 6.0 hours of credit, including 1.0 hour of ethics.


MO CLE: 7.20 Includes - Ethics: 1.20
NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for 7.20 hours of CLE credit, which includes 1.20 hour of ethics, professionalism or malpractice prevention credit.


MP CLE: 6.00
This course has been approved by the Commonwealth of the Northern Mariana Islands. Lawyers who complete this course shall receive 6.0 hours of CLE credit.


MS CLE: 6.00 Includes - Ethics: 1.00
This course has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 6.0 hours of on-line credit, which includes 1.0 hour of ethics. No more than 6.0 hours of on-line CLE credit may be earned during a reporting period.


MT CLE: 6.00 Includes - Ethics: 1.00
Approved for 6.0 hours of CLE credit by the Montana Commission on Continuing Legal Education, including 1.0 hour of ethics.


NC CLE: 6.00 Includes - Ethics: 1.00
NBI, Inc. is an accredited sponsor with the North Carolina State Board of Continuing Legal Education. Attendance of this program will result in 6.0 hours of CLE credit, including 1.0 ethics.


ND CLE: 6.00 Includes - Ethics: 1.00
This program has been approved by the North Dakota Commission for Continuing Legal Education for 6.0 hours of CLE credit, including 1.0 hour of ethics credit.


NE CLE: 6.00 Includes - Ethics: 1.00
NBI, Inc. is an accredited CLE sponsor in the state of Nebraska. This activity has been approved for up to 6.0 distance learning CLE credits, including 1.0 hour of professional responsibility credit. No more than 5.0 hours of distance learning CLE credit may be earned during a reporting period.


NH CLE: 6.00 Includes - Ethics: 1.00
NHMCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. NBI, Inc. believes this course meets the requirements of NH Supreme Court Rule 53 toward the annual NHMCLE requirement.


NJ CLE: 7.20 Includes - Ethics: 1.20
This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 7.20 hours of alternative format CLE credit. Of these, 1.20 qualify as hours of alternative learning format credit for ethics/professionalism. No more than 12.0 hours of alternative learning format CLE credit may be earned during a reporting period.


NV CLE: 6.00 Includes - Ethics: 1.00
This course has been approved by the Nevada Board of Continuing Legal Education. This program may qualify for up to 6.0 hours of alternative format CLE credits by the Nevada Board of Continuing Legal Education, which includes 1.0 hour of alternative format ethical considerations.


NY CLE: 7.00 Includes - Areas of Professional Practice: 6.00, Ethics: 1.00
This course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 7.0 credit hours. 6.0 hours can be applied to the Areas of Professional Practice requirement and 1.0 hour can be applied toward the ethics and professionalism requirement. This nontraditional format program is appropriate for newly admitted and experienced attorneys.


OH CLE: 6.00 Includes - Ethics: 1.00
This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for up to 6.0 self-study CLE credit hours, including 1.0 hour of attorney professional conduct instruction. No more than 12.0 hours of approved self-study CLE credit may be earned for a biennial reporting period.


OK CLE: 7.00 Includes - Ethics: 1.00
This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission for 7.0 hours of CLE credit, which includes 1.0 hour of legal ethics.


OR CLE: 6.00 Includes - Ethics: 1.00
NBI, Inc. is an approved sponsor with the Oregon MCLE. This program is approved for 5.0 hours of general continuing legal education credit and 1.0 hour of ethical considerations credit.


PA CLE: 6.00 Includes - Ethics: 1.00
This program has been approved by the Pennsylvania Continuing Legal Education Board. This program may qualify for up to 6.0 hours of distance learning credit, including 5.0 hours of substantive law, practice and procedure CLE credit and 1.0 hour of ethics, professionalism or substance abuse distance learning CLE credit. No more than 6.0 hours of distance learning CLE credit may be earned during a reporting period.


RI CLE: 7.00 Includes - Ethics: 1.00
NBI is an accredited sponsor with the Rhode Island MCLE Commission. This program is approved for 7.0 hours of CLE credit in Rhode Island, including 1.0 of ethics.


SC CLE: 6.00 Includes - Ethics: 1.00
This course is accredited by the South Carolina Commission on Continuing Legal Education and Specialization for 6.0 hours, of which 1.0 hour relates to ethical considerations.


TN CLE: 6.00 Includes - Ethics: 1.00
This course has been approved by the Tennessee Commission on Continuing Legal Education for a maximum of 6.0 hours of Distance Learning credit, including 1.0 hour of ethics.


TX CLE: 6.00 Includes - Ethics: 1.00
This course is accredited for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 6.0 credit hours, of which 1.0 credit hour will apply to legal ethics/professional responsibility credit. Hours in attendance at National Business Institute CLE seminars may be applied to the minimum Judicial Education requirement.


UT CLE: 6.00 Includes - Ethics: 1.00
National Business Institute is an approved "presumptive provider" with the Utah State Board of Continuing Legal Education. This program may qualify for up to 6.0 hours of self-study CLE credit for Utah attorneys, which includes 1.0 hour of ethical considerations.


VA CLE: 6.00 Includes - Ethics: 1.00
This course has been approved by the Virginia Mandatory Continuing Legal Education Board for 6.0 hours of pre-recorded credit, which includes 1.0 hour of ethics. Attorneys may earn a maximum of 8.0 credit hours annually using pre-recorded programs.


VT CLE: 6.00 Includes - Ethics: 1.00
This course has been approved by the Vermont Board of Mandatory Continuing Legal Education. This program may qualify for up to 6.0 hours of self-study credit, including 1.0 hour of self-study ethics credit. No more than 10.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn professionalism credit with self-study.


WA CLE: 6.00 Includes - Ethics: 1.00
Approved for 6.0 hours of Washington continuing legal education credit, which includes 5.0 hours of Law and Legal Procedure and 1.0 hour of ethics.


WI CLE: 7.00 Includes - Ethics: 1.00
Approved for 7.0 hours of CLE credit by the Board of Bar Examiners, including 1.0 hour of ethics and professional responsibility (EPR) credit.


WV CLE: 7.20 Includes - Ethics: 1.20
This program may qualify for up to 7.20 hours of self-study credit, which includes 1.20 hour of self-study ethics credit, under the West Virginia Rules for Mandatory Continuing Legal Education. No more than 12.0 hours of self-study CLE credit may be earned during a reporting period.


WY CLE: 6.00 Includes - Ethics: 1.00
The Wyoming State Board of Continuing Legal Education has granted 6.0 hours of Continuing Legal Education Credit, including 1.0 hour of ethics.


Can't Attend?
Purchase the Recording.

Questions


How To Order

Web: Order Now
Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
Eau Claire, WI 54702