Construction Law Seminar Offerings – Real Estate and Construction

2022 CONSTRUCTION LAW SEMINARS

1. Construction Law: Beyond the Letter of Your
   Contract—Effectively Playing the Claims Game Through the Use
   of State and Federal Statutes and Judicial Precedent
   The construction claims process is a complicated exercise where
   superior internal legal knowledge often rules the day and can help
   you to avoid protracted litigation. This seminar will allow you to
   counter contractual provisions that may otherwise bar a valid claim
   such as notice clauses, no-damage-fordelay clauses, pay-if-paid
   clauses and paywhen-paid clauses during contract negotiation and
   during the claims process.
2. Managing Today’s Risk Through Active Contract
   Administration
   Many times an opportunity to make a profit on a
   construction project is unknowingly squandered prior to any work
   being performed. Errors committed during the often overlooked
   contract proposal and negotiation portions of a construction
   project can prove to be quite costly. In order to avoid these
   problems, it is essential for parties to understand when and how a
   contract is formed, recognize the risks of proposed contract
   provisions, and learn how such provisions can be negotiated,
   accommodated and overcome. Specific topics include: (1) notice
   clauses; (2) no-damage-for-delay clauses; (3) pay-if-paid and
   pay-when-paid clauses; (4) liquidated and consequential damages
   clauses; (5) indemnification provisions; (6) unforeseen conditions
   clauses; (7) force majeure clauses; (8) Miller Act claim waivers;
   (9) schedule clauses; (10) contract termination; and (11)
   venue/forum selection clauses. This seminar provides an effective
   management tool to train your company to perform its work with
   minimum risk and allow you to identify, prepare, negotiate and/or
   avoid critical contract provisions that can serve to eliminate your
   ability to make a profit or bring claims.
3. Properly Documenting a Construction Project and
   Controlling Internal Documentation
   This seminar shares valuable information concerning best practices
   for project document creation and maintenance with an eye toward
   possible litigation. This seminar will help your company develop
   internal policies concerning the proper creation of contemporaneous
   project communications. Important ideas will be provided to help
   you maintain your project records in a way that will help you to
   expeditiously advocate your position. Means to allow your standard
   forms to be functional, uniform and effective, ranging from emails,
   correspondence, daily logs, notices and schedules, and demand
   letters, all while controlling today’s technology, will be
   discussed. This seminar is designed to help your company formulate
   the ultimate uniform recordkeeping system that can be utilized for
   real purposes.
4. Ten Steps to Success in 2022
   As experienced construction lawyers, we regularly observe
   construction participants make critical but avoidable mistakes that
   significantly impact project success and profitability. This
   seminar will practically educate attendees on how to avoid some of
   the more common legal and business errors that have been made on
   projects in recent years while improving their daily
   operations.
5. Recovering for Unforeseen Conditions
   Especially valuable for those working below ground, this seminar
   thoroughly discusses the Spearin Doctrine and the ability to
   recover for unforeseen conditions. This seminar addresses recovery
   for all work that you may be required to perform that goes behind
   the letter of the project’s contract documents.
6. Enforcing Your Right to Payment— Everything You
   Need to Know About Liens, Surety Bond Claims and Prompt Payment
   Acts
   Courts have recognized since the 1800s that getting paid is half
   the battle in the construction industry. This seminar will help you
   win the payment battle through the proper use of demand letters,
   liens, payment bond claims, state prompt payment acts, contract
   terms and conditions, key judicial decisions, and other legal
   remedies available to secure payment.
7. Construction Project Management—How to Avoid
   Problems, Claims and Disputes
   This seminar provides an informative overview of various
   techniques that project personnel can use to resolve issues as they
   arise and minimize the likelihood of litigation at the end of a
   project.
8. Everything You Need to Know About Working During and
   After the Era of Covid-19
   This seminar is customized to address your company’s concerns
   regarding force majeure, project delays, supply chain issues, civil
   unrest, new critical clauses to focus on in future contract
   negotiations, documenting claims, and labor and employment
   issues.
9. Tips and Traps for Subcontractors
   Subcontractors take on unique forms of risk and, if they
   are not careful, may find themselves with the fewest remedies of
   any construction participant. This seminar highlights the risks
   subcontractors should watch out for, suggested revisions to
   subcontracts to protect subcontractors against those risks, and
   offers tips for bidding on and completing a successful
   project.
10. P3: Public Private Partnerships on Large Infrastructure
    Projects
    Public Private Partnerships (P3) are delivering a
    significant portion of large infrastructure projects. This seminar
    demystifies the P3 process by analyzing relevant statutes and how
    they have been utilized and interpreted to date, the complex
    structure of P3 construction contracts, real life lessons learned,
    and financing and payment issues.
11. Legal Developments in 2021 that Will Make You More
    Profitable in 2022
    Construction law is constantly evolving. In order to
    protect and assert your rights you need to be aware of certain
    developments. Learn about new judicial decisions throughout the
    United States, or in a particular region or state, and how it might
    impact your ability to maximize your recovery for damages incurred
    on a project. An update on legislative developments where
    appropriate is also provided in this seminar.
12. Key Legal Considerations when Performing Work under a
    Design-Build Construction Contract
    This seminar discusses the keys to gaining strength of position in
    the negotiation of a design-build contract and the types of claims
    for unforeseen conditions that can and cannot be made under a
    design-build contract.
13. Drug Abuse and Alcohol Misuse in the
    Workplace
    Many employers are grappling with rapidly evolving state laws
    regarding the legal use of drugs for medicinal and recreational
    purposes. This seminar addresses these new laws along with what
    constitutes inappropriate, unacceptable, and illegal use of drugs
    and alcohol in the workplace.
14. Withdrawal Liability: Best Practices to Minimize and
    Mitigate Liability
    Withdrawal liability is one of the biggest threats to any employer
    with a significant union workforce. This seminar will address
    complex withdrawal liability concepts and dispel many of the myths
    that exist. The goal of the seminar is to lay the framework for a
    short, mid, and long term plan to manage the risk of withdrawal
    liability.
15. 50 States Mechanics’ Lien Law Primer
    The ability to file a mechanics’ lien is a state specific
    statutory creation. This seminar provides an overview of what is
    required to strictly comply with the notice and filing provisions
    of applicable state statutes in order to perfect your
    mechanics’ lien rights.
16. Insurance Coverage for Construction Projects—You
    Don’t Always Get What You Pay For
    This program addresses the use of commercial general
    liability policies for construction projects, including such key
    provisions as the definition of occurrence,…