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Fundamentals of Construction Contracts: Understanding the Issues

How to avoid the pitfalls of construction contracting – what you don’t know could hurt you. Contracts are a legally charged part of every construction project – they can impact rights and remedies positively and negatively. Building a strong knowledge of construction contracts and related terms and conditions will go a long way in helping you avoid disputes. Purchase these reference materials and get the knowledge and practical insight you need to understand the legal and administrative issues associated with construction contracts, such as provisions dealing with mechanics’ liens and dispute resolution. This reference set will guide you through the entire process of contract development so that you know how to properly document project conditions to minimize your risk of devastating financial loss. Benefits for You •Avoid potential problems by addressing key issues in subcontracts •Assert and defend against claims with ease •Use effective contract language – be concise now to avoid lawsuits later •Navigate your way through the changes process •Give your company the best chance to succeed on its claim Learning Objectives •You will be able to discuss contract relationships and documents. •You will be able to identify key contract provisions. •You will be able to review special issues for subcontracts. •You will be able to explain dispute resolution.
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Over 30 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
— Timothy E. Rowe
Review of Basic Contract Principles
— Timothy E. Rowe
  • Basic Requirements for a Valid Contract
  • Written vs. Oral Contracts
  • Contract Interpretation
Contract Relationships and Documents
— Timothy E. Rowe
  • Contract Relationships
  • Preparation and Review of Contract and Related Documents
  • Conditions of the Contract
  • Drawings
  • Specifications
Standard Form Contracts
— Paul J. Georgeson
  • Available Standard Contracts
  • Pros and Cons
Key Contract Provisions
— Paul J. Georgeson
  • Completion and Liquidated Damage
  • Prompt Pay and Pay When Paid
  • Indemnification
  • Warranties
  • Responsibility for Errors
  • Site Conditions
  • Delays
  • Waiver of Consequential Damages
  • Review of Contract Documents
Special Issues for Subcontracts
— Patrick J. Murch
  • Pay When Paid
  • Prompt Pay Statutes
  • Indemnification
  • Insurance (Additional Insured)
  • Delay Damages
  • Lien Rights
Contract Changes
— Brandon Barkhuff
  • Purpose of the Changes Clause
  • Standard Changes Clauses
  • Formal Change Orders
  • Construction Change Directives
  • Authority to Order Changes in the Work
  • Contractor's Duty to Perform
  • Changes Without Proper Documentation
  • Amendments
Dispute Resolution
— Paul J. Georgeson
  • Mediation
  • Arbitration
  • Litigation
Questions and Answers
— Brandon Barkhuff, Paul J. Georgeson, Patrick J. Murch and Timothy E. Rowe
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Why Lorman?

Over 30 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

Online Manual

No credit available.

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Why Lorman?

Over 30 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

Paul J. Georgeson, Esq. – Moderator

McDonald Carano Wilson LLP

Paul J. Georgeson, Esq., is a partner in the Reno office of McDonald Carano Wilson LLP. Mr. Georgeson is the chairman of the firm’s Construction Law Practice Group, which is comprised of lawyers in the Reno and Las Vegas offices of the firm who focus on all areas of construction law. He is proud to serve as counsel for the Nevada Chapter of the Associated General Contractors, as well as local, regional and national contractors, subcontractors, construction industry suppliers and developers. Mr. Georgeson practices in state and federal court at the trial and appellate level. He also has extensive experience in arbitration and mediation. He is admitted to practice in all Nevada state courts as well as the Federal District Court for the District of Nevada, the 9th Circuit Court of Appeals and the U.S. Supreme Court. He is a member of the Washoe County and American Bar Associations, the State Bar of Nevada and the Association of Defense Counsel of Northern Nevada. Mr. Georgeson is also president of the Nevada Chapter of the Federal Bar Association.

Brandon Barkhuff

McDonald Carano Wilson LLP

  • Attorney with McDonald Carano Wilson LLP
  • Practices in construction litigation and commercial litigation
  • Executive board member and secretary for the Nevada Chapter of the Federal Bar Association
  • J.D. degree, Boston College Law School; B.A. degree in political science, University of California, Los Angeles

Patrick J. Murch

McDonald Carano Wilson LLP

  • Attorney with McDonald Carano Wilson LLP
  • Practices in construction law, commercial litigation and appellate law
  • M.Ed. degree in movement studies in disability, Oregon State University; M.Ed. degree in educational leadership, University of Nevada, Las Vegas; J.D. degree, cum laude, William S. Boyd School of Law at the University of Nevada, Las Vegas; and B.S.E degree in physical education, State University of New York, College at Cortland

Timothy E. Rowe

McDonald Carano Wilson LLP

Timothy E. Rowe, Esq., is a partner in the Reno law firm of McDonald Carano Wilson LLP, where he practices in the areas of construction, labor and employment law. Mr. Rowe has represented contractors, subcontractors and design professionals, as well as the Northern Nevada Chapter of the Associated General Contractors, since 1978. He is a member of the American Bar Association Forum on the Construction Industry. Mr. Rowe received his B.A. degree, with distinction, from the University of Nevada, Reno, and his J.D. degree from the University of the Pacific McGeorge School of Law. He is a member of the Washoe County and American Bar Associations and the State Bar of Nevada. Mr. Rowe has been listed in The Best Lawyers in America in the area of workers’ compensation since 1995.

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Product ID: 383900
Published 2011
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