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Fundamentals of Construction Contracts in Delaware: Understanding the Issues

Today’s economic struggles demand a thorough knowledge of contracts – know your risks before you sign. Keep your risks to a minimum and your profits to a maximum. Construction contracts can help you do this and much more. Purchase these reference materials and get a working understanding of contracts to minimize your risk of devastating financial loss in today’s uncertain economic climate. Improve your contract know-how so you can have an advantage in your next contract negotiation. A strong knowledge of contract terms and conditions will help you save money and avoid disputes – so start building that knowledge now. Order today. Benefits for You •Maximize efficiency by skillfully maneuvering through the entire process of contract development •Save money by smoothly handling delay, acceleration and disruption issues •Prevent payment problems on the front end by clearly laying out lien and bond procedures in your contract •Minimize heavy losses by incorporating key insurance and indemnification provisions in your contract Learning Objectives •You will be able to describe basic contract principals. •You will be able to discuss essential contract terms. •You will be able to explain subcontract issues. •You will be able to review dispute resolution.
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Why Lorman?

Over 29 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Overview of Construction Contracts
— Paul Cottrell
  • Purpose Served by the Contract
  • Parties Bound by the Contract
  • Documents Comprising the Contract
  • Contractual Relations and Delivery Systems
  • Implied Terms
  • Quasi Contracts
  • Extras and Change Orders
Basic Contract Principles
(Break 10:30 AM - 10:40 AM)
— Paul Cottrell
  • Requirements for a Valid Contract
  • Oral vs. Written Contracts
  • Exchange of Contract Forms
  • Ambiguous and Incomplete Contracts
  • Amendments and Modifications
  • Performance – Substantial Performance
  • Breach of Contract and Remedies
  • Termination: With and Without Cause
Essential Contract Terms
— Patrick M. McGrory
  • Scope of Work
  • Payment Terms
  • Remedies for Breach
  • Liquidated Damages
  • Indemnification/Subrogation
Essential Contract Terms (Continued)
— Patrick M. McGrory
  • Differing Site Conditions
  • Insurance Issues
  • Retainage Issues
  • Bonding Issues
  • Rules of Contract Interpretation
Subcontract Issues
— Janine L. Hochberg
  • Subcontract Bids
  • Privity of Contract Issues
  • Payment Terms: Pay to Be Paid
  • Flow Down Provisions
  • Other Issues
Delay and Acceleration Issues
— Daniel F. Wolcott, Jr.
  • Contractual Provisions
  • Concurrent Delay and Apportionment
Payment Issues
— Janine L. Hochberg
  • Contractual/Statutory Provisions
  • Bonds
  • Liens
Dispute Resolution
— Daniel F. Wolcott, Jr.
  • Litigation, Mediation and Arbitration
  • Other Methods of Resolution
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Why Lorman?

Over 29 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

Manual

No credit available.

Audio & Reference Manual

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Online Manual

No credit available.

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Why Lorman?

Over 29 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Daniel F. Wolcott, Jr.

Daniel F. Wolcott, Jr. – Moderator

Potter Anderson & Corroon LLP

  • Partner in the Wilmington law firm of Potter Anderson & Corroon LLP
  • Practices in the area of civil litigation, primarily in construction, employment and commercial cases
  • Represents various entities in the construction industry, including owners, professionals, contractors, subcontractors and suppliers in litigation, arbitration and mediation, and in the negotiation of their contracts
  • Member of the forum committee on the construction industry of the American Bar Association and the Delaware State Bar Association
  • Delaware code revisor since 1980
  • Writer of the Delaware portion of the Fifty State Monograph on the enforceability of the no damages for delay clause published by the American Bar Association in 1998
  • J.D. degree, University of Virginia; B.A. degree, Bethany College
Paul Cottrell

Paul Cottrell

Tighe & Cottrell, P.A.

  • Principal at the Mid-Atlantic regional law firm of Tighe & Cottrell, P.A.
  • Member of the state Bars of Pennsylvania, Delaware, Maryland and Illinois
  • Writer of the textbook Architects and Engineers: Law, Liability and Risk Management
  • Served as associate director of the Construction Law Institute
  • Graduate, University of Chicago Law School; B.A. degree, magna cum laude, University of Delaware
Janine L. Hochberg

Janine L. Hochberg

Potter Anderson & Corroon LLP

  • Attorney with Potter Anderson & Corroon LLP
  • Practices in the areas of general commercial, construction, products liability and employment law
  • J.D. degree, summa cum laude, Widener University School of Law; B.A. degree, summa cum laude, Widener University
  • Can be contacted at 302-984-6109 or jhochberg@potteranderson.com
Patrick McGrory

Patrick McGrory

Tighe & Cottrell, P.A.

  • Director of the law firm of Tighe & Cottrell, P.A.
  • Focuses in the area of architect and engineer liability defense, construction law, accountant and attorney malpractice defense, commercial disputes and corporate law
  • Authored articles and taught seminars on professional liability and has written annual updates concerning changes in the law affecting the construction industry and insurance coverage
  • Member of the Claims and Litigation Management (CLM) Alliance and the Professional Liability Defense Federation as well as the ABA Construction Forum
  • J.D. degree, The Catholic University Columbus School of Law; B.A. degree in political science, University of Delaware
  • Can be contacted at 302-658-6400 or p.mcgrory@tighecottrell.com
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Why Lorman?

Over 29 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 393452
Published 2014
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