Audio CD + Course Book

Troubleshooting Construction Project Legal Issues

Audio CD + Course Book

Copyright Date:

February, 2018

Product ID#:

78371CDRA

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 February 2018.

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. Construction Project Financing Essentials
  5. Mechanics' Liens and Surety Bonds: Essential Strategies to Prepare for or Counter Claims
  6. Avoiding Additional Insured Pitfalls and Ensuring Coverage
  7. Construction Case Law and Legislative Updates
  8. Ethical Considerations

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 - 9:45, Written by Brian A. Autry and John W. Davidson. Presented by Andrew E. Haselden in North Charleston, and Brian A. Autry and John W. Davidson in Columbia.
    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?
    9:45 - 10:30, Written by David J. Parrish and Wesley D. Peel. Presented by David J. Parrish in North Charleston and Wesley D. Peel in Columbia.
    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
    10:45 - 11:30, Written by Brian A. Autry and John W. Davidson. Presented by James P. Sullivan in North Charleston, and Brian A. Autry and John W. Davidson in Columbia.
    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. Construction Project Financing Essentials
    11:30 - 12:15, Written by Brian A. Autry and John W. Davidson. Presented by Theodore L. Manos in North Charleston, and Brian A. Autry and John W. Davidson in Columbia.
    1. Construction Lending Essentials
      1. How Lenders Evaluate Risk
      2. Key Documents that Validate Project Value
      3. Preserving Lender Lien Priority
    2. Is Financing Sufficient: Owner, Contractor and Subcontractor Perspectives
    3. Potential Lender Liability to Contractors and Subcontractors
    4. Drawing Funds: Critical Essentials to Avoid Issues
  5. Mechanics' Liens and Surety Bonds: Essential Strategies to Prepare for or Counter Claims
    1:15 - 2:00, Written by Wesley D. Peel. Presented by Justin P. Novak in North Charleston and Wesley D. Peel in Columbia.
    1. How to Bring a Mechanics' Lien Claims
      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
  6. Avoiding Additional Insured Pitfalls and Ensuring Coverage
    2:00 - 2:45, Written by M. Brent McDonald, Brian A. Autry and John W. Davidson. Presented by M. Brent McDonald in North Charleston, and Brian A. Autry and John W. Davidson in Columbia.
    1. Additional Insured vs. Additional Named Insured
    2. The Dangers of Relying on Certificates of Insurance
    3. Evaluating Additional Insured Endorsements for Proper Coverage
    4. Spotting Exclusion and Exception Nuances that Negate Coverage
    5. Ensuring Construction Contracts and Insurance Policies Align
  7. Construction Case Law and Legislative Updates
    3:00 - 3:30, Written by M. Brent McDonald and Robert B. Phillips. Presented by M. Brent McDonald in North Charleston and Robert B. Phillips in Columbia.
  8. Ethical Considerations
    3:30 - 4:30, Written by Tyler P. Winton and Robert B. Phillips. Presented by Tyler P. Winton in North Charleston and Robert B. Phillips in Columbia.
    1. Rules of Professional Conduct for Construction Law Attorneys
    2. Conflicts of Interest
    3. Attorney Fees
    4. Lawyer Liability
February 12 - North Charleston

ANDREW E. HASELDEN is a partner and shareholder with Howser, Newman & Besley, LLC, where he practices in the areas of premises liability, construction, professional liability, insurance coverage and workers’ compensation, as well as in the area of appellate practice. He received his B.A. degree from Francis Marion College and his J.D. degree from the University of South Carolina. Mr. Haselden is a member of the Richland County Bar Association and the South Carolina Bar.

THEODORE L. MANOS is a partner in the law firm of Robertson Hollingsworth Manos & Rahn, where he practices in the areas of construction, architecture-engineering and surety litigation, business litigation, and employment law. Mr. Manos is a member of the South Carolina Bar. He received his B.A. degree from the University of Florida and his J.D. degree from the University of South Carolina.

M. BRENT MCDONALD is an attorney with the law firm of Bundy McDonald, LLC, where he concentrates his practice in the areas of construction litigation, commercial litigation, real property litigation, insurance coverage litigation, and eminent domain. He is licensed to practice before the South Carolina Supreme Court, the U.S. District Court for the District of South Carolina and the U.S. District Court of Appeals for the Fourth Circuit. Mr. McDonald earned his B.A. degree from the University of South Carolina and his J.D. degree, cum laude, from the Charleston School of Law.

JUSTIN P. NOVAK is a non-equity partner in the Charleston office of Howser, Newman & Besley, LLC, where his practice focuses on advising individuals, businesses, and insurance companies regarding a broad variety of matters in a state-wide risk advisory, civil litigation, and dispute resolution practice. His practice areas of concentration include general construction law, construction defect litigation, self-service storage facility law, general business matters, professional liability, premises liability, products liability, and appellate matters. Mr. Novak also serves as a mediator to help facilitate the negotiated resolution of disputes in order to avoid the time, resources, and expenses associated with litigation. He is certified to mediate civil matters pending in all South Carolina circuit courts. He graduated from the University of South Carolina School of Law, where he served as an articles editor on the South Carolina Law Review, a member of the South Carolina Moot Court Bar, and a member of the John Belton O’Neall Inn of Court. Prior to entering law school, he earned a B.A. degree in commerce from Washington and Lee University.

DAVID J. PARRISH is a member of Nexsen Pruet, LLC, in Charleston, South Carolina, where he practices in the areas of construction, business, and real property litigation. He has frequently lectured to various groups and organizations on his areas of practice. Mr. Parrish is a member of the Charleston County Bar Association and the South Carolina Bar. He earned his B.S. degree and J.D. degree, cum laude, from the University of South Carolina.

JAMES P. SULLIVAN is as a partner in litigation for the firm of Howser, Newman & Besley, LLC's Charleston office. Mr. Sullivan focuses his practice on construction defect litigation, personal injury defense, and complex insurance coverage issues, including the defense of bad faith claims. He routinely tries cases to jury verdict and has obtained several defense verdicts in personal injury cases. Mr. Sullivan is an active member of the Charleston County Bar Association and the Charleston Lawyers Club. He has been admitted to practice law in the U.S. District Court for South Carolina. Mr. Sullivan earned his M.A. degree from The Citadel and his J.D. degree, cum laude, from the University of South Carolina School of Law. While in law school, he was editor in chief of the South Carolina Law Review, and gained admission into the Order of Wig and Robe and the Order of the Coif.

TYLER P. WINTON is an attorney with Carlock, Copeland & Stair, LLP, where he concentrates in the area of construction litigation, including the representation of contractors, subcontractors, design professionals, material suppliers and owners in lawsuits involving construction related disputes. Additionally, he offers non-litigation support for construction clients providing advice related to payment and industry issues, as well as reviewing contracts in an effort to prevent litigation disputes from arising in the future. Mr. Winton is admitted to practice in South Carolina and before the U.S. Court of Appeals, Fourth Circuit. He is a member of the Charleston County Bar Association, South Carolina Defense Trial Attorneys' Association and the South Carolina Bar Young Lawyers Division. Mr. Winton earned his B.S. degree from Vanderbilt University, summa cum laude, where he received the Dean's Award for Academic Excellence. He earned his J.D. degree at the University of South Carolina School of Law.

February 15 - Columbia

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 and South Carolina bar associations.

JOHN W. DAVIDSON is an attorney with Nexsen Pruet, LLC, where he practices in the firm’s construction practice group. Mr. Davidson handles construction services for subcontractors, supplies, general contractors, insurers and sureties, design professionals, and owners. He regularly represents clients in the many phases of a construction project - from initial discussions to contract negotiation and drafting, through actual construction, and project close out. He also represents any parties involved in defect claims, payment disputes, and mechanics lien and bond claims. Mr. Davidson is a member of the South Carolina Bar. He received his B.A. degree from Wofford College and his J.D. degree from the University of South Carolina.

WESLEY D. PEEL is an attorney with Bruner, Powell, Wall & Mullins, LLC, where he practices in the area of commercial litigation, with an emphasis on construction. He represents owners, contractors, subcontractors and suppliers in all areas of construction litigation, including mechanics’ liens, bond claims, contract disputes and construction defect claims. He is a member of the American and Richland County bar associations, and the South Carolina Bar. Mr. Peel earned his B.S. degree from the University of South Carolina and his J.D. degree from the University of South Carolina School of Law.

ROBERT B. PHILLIPS is the owner of The Phillips Firm LLC, Attorney and Counselor at Law in Columbia, where he represents individuals and small businesses in many types of civil matters involving business law, civil rights, contract disputes, corporate governance, defective construction and products, defamation, employment rights, injunctive relief, personal injury, probate (will, trusts, estates), regulatory disputes, and trespass or nuisance claims. He frequently counsels small businesses on effective employment and management strategies. Mr. Phillips previously served as the director of the Certificate of Need Program at the SC Department of Health and Environmental Control. He volunteers with the South Carolina State Guard in support of its mission to provide legal, medical, engineering, law enforcement, and search and rescue assistance to the state in times of natural and manmade disasters, and he also teaches at the State Guard's Military Academy. Mr. Phillips is a member of the South Carolina Bar and is admitted to all state and federal courts in the state. He earned his B.A. degree, with honors, from Baylor University; his J.D. degree from the University of South Carolina; and his M.S.B.A. degree from Boston University.

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