Audio CD + Course Book

Troubleshooting Construction Project Legal Issues

Audio CD + Course Book

Copyright Date:

December, 2017

Product ID#:

77322CDRA

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: Troubleshooting Construction Project Legal Issues, held December 2017.

Program Description

Seemingly small construction project issues can have large legal repercussions if not handled properly. It takes a skilled practitioner to navigate these matters in a way that maintains relationships and keeps projects on track. This comprehensive guide to troubleshooting construction project issues provides the information you need to find solutions for problems before they escalate into expensive legal battles. Help construction industry clients mitigate the chances for lawsuits and preserve professional reputations - order today!

Course Content

  1. Surviving and Thriving When Projects Change: Owner, Contractor and Subcontractor Perspectives
  2. Indemnity and Other Risk Transfer Clauses: Are You Picking Up the Other Guy's Tab?
  3. Delays, Acceleration and Stopped Work: Proving or Disproving Liability and Calculating Damages
  4. Mechanics' Liens and Surety Bonds: Essential Strategies to Prepare for or Counter Claims
  5. 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. Surviving and Thriving When Projects Change: Owner, Contractor and Subcontractor Perspectives
    9:00 - 10:30, Philip S. Bubb
    1. Analyzing the Change Clause: A Brief Refresher
    2. Changed or Differing Site Conditions
    3. Changes Due to Defective Plans and Specifications
    4. Additional Work, Unauthorized Work, Non-Conforming Work and Other Issues
    5. Documenting and Memorializing Project Changes
    6. Dealing With Undocumented Changes
    7. Pricing Change into Contracts: Best Practices
  2. Indemnity and Other Risk Transfer Clauses: Are You Picking Up the Other Guy's Tab?
    10:45 - 12:00, Bradley M. Beaman
    1. When is Indemnity Illegal?
    2. Indemnity Essentials for Construction Contracts
      1. Recognizing Ambiguous Language
      2. Recognizing Conflicts With Other Contract Provisions
      3. Insurability of Indemnity Provisions
    3. No Damage for Delays Clauses
    4. Performance and Timing Clauses
    5. Project Termination Clauses
    6. Liquidated Damages Clauses
  3. Delays, Acceleration and Stopped Work: Proving or Disproving Liability and Calculating Damages
    1:00 - 2:00, Brandon R. Underwood
    1. Contract Delay Clauses and Liquidated Damages Provisions
    2. Delayed Work
    3. Stopped Work
    4. Accelerated Work
    5. Disrupted Work
    6. Delay Claim Preservation and Perfection
  4. Mechanics' Liens and Surety Bonds: Essential Strategies to Prepare for or Counter Claims
    2:15 - 3:30, Stephen D. Marso
    1. How to Bring a Mechanics' Lien Claim
      1. Subsequent Work and Extension of Completion Dates
      2. Spotting Mistakes that Invalidate Lien Claims
      3. Preserving Lien Priority
      4. Lien Releases: When They Should and Shouldn't be Provided
    2. How to Bring a Surety Bond Claim
      1. Types of Construction Bonds
      2. Surety Bond Indemnity Issues
      3. Defenses to Bond Claims
    3. Proactively Preparing for Lien or Bond Claims Before They Happen
  5. Ethics for Construction Attorneys
    3:30 - 4:30, Stephen W. Tyler
    1. Client Authority
    2. Contractual Claims for Attorneys' Fees/Expenses
    3. Dealing With Unrepresented Persons
    4. Ethical Concerns as "Attorney for the Project"

BRADLEY M. BEAMAN is an attorney with Bradshaw, Fowler, Proctor & Fairgrave, P.C., in the litigation division. He practices in general areas, including construction law and litigation, employment law and labor law, insurance law and litigation, litigation and trial law, and product liability. Mr. Beaman earned his B.A. degree from the University of Northern Iowa and his J.D. degree from Drake University Law School. He is a member of the American Bar Association, Defense Research Institute, Iowa Defense Counsel Association, Iowa State Bar Association, and Polk County Bar Association. In 2015, Mr. Beaman was appointed to the Construction Law Section Council by the president-elect of the Iowa State Bar Association.

PHILIP S. BUBB is an experienced litigator with the firm of Fredrikson & Byron P.A. in Des Moines, Iowa. He represents general contractors and subcontractors in mediation, arbitration and litigation; and represents construction-product manufacturers against claims of strict liability, warranty, and negligence. Mr. Bubb has served as lead and second-chair counsel in both state and federal courts and has obtained verdicts for clients following bench and jury trials. He is a member of the Polk County Bar Association, the Iowa State Bar Association (Section Council, Construction Law Section 2015-2016), Associated General Contractors of Iowa, Home Builders Association of Greater Des Moines, Home Builders Association of Iowa, and the National Association of Home Builders. Mr. Bubb earned his B.A. degree, cum laude, from Luther College and his J.D. degree from the University of Michigan Law School.

STEPHEN D. MARSO is a member of the law firm of Whitfield & Eddy, P.L.C. His primary areas of practice are construction law and litigation. Mr. Marso is a member of the Polk County and Iowa State bar associations; the Master Builders of Iowa; the Associated General Contractors of Iowa; the Mechanical Contractors Association of Iowa; the Iowa Ready Mixed Concrete Association; the Iowa Concrete Paving Association; the Asphalt Paving Association of Iowa; and the Home Builders Association of Greater Des Moines and of Iowa. He is an arbitrator on the American Arbitration Association’s roster of construction arbitrators. Mr. Marso graduated, magna cum laude, from Hope College; and earned his J.D. degree, high distinction, from the University of Iowa College of Law.

STEPHEN W. TYLER is a member with Whitfield & Eddy, P.L.C., where he practices in the areas of construction law, real estate law, commercial/business litigation, and banking law. Prior to joining the firm, he worked in the construction industry for both union and non-union businesses and operated his own construction company for several years. In addition to handling general litigation, business, and real estate matters, much of Mr. Tyler‘s practice focuses on construction-related claims involving contractors, subcontractors, materials suppliers, homeowners, and sureties. He is a member of the American, Iowa State, and Polk County bar associations and the Associated General Contractors of Iowa Leadership Academy. Mr. Tyler earned his B.A. degree, with distinction, from the University of Iowa and his J.D. degree from Drake University Law School.

BRANDON R. UNDERWOOD is a litigator at Fredrikson & Byron P.A. in Des Moines. He represents clients in a variety of matters, including construction. Mr. Underwood earned his B.A. degree from the University of Iowa; and his J.D. degree, with high distinction, from the University of Iowa College of Law. He is admitted to the Iowa State Bar Association; U.S. District Court for the Southern District of Iowa; U.S. District Court for the Northern District of Iowa, and the U.S. Bankruptcy Court for the Southern District of Iowa. Mr. Underwood is a member of the Iowa State and the Polk County bar associations.

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

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