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90-minute live streaming program
  • February 28
  • 1:00 - 2:30 pm EST

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Fixed Price vs. Cost-Plus: How to Choose and Use Project Delivery Methods in Light of Fraud and Collusion

February 28

Gain a greater understanding of contract implications so that you may better administer and manage your projects.

This topic is designed for both new and experienced contract professionals. It explains the fundamentals of fixed price and cost-plus contracts, which dominate the field of project delivery methods. We will explore the incentives, risks and administration specifics associated with each type. We then will examine how these methods enable collusion, kickbacks and fraud; and we will engage in a short case study of well-known projects demonstrating these issues. The topic will provide advice and practice considerations for avoiding these pitfalls.

The primary objective of this topic is to provide contract professionals with a competent understanding of these project delivery methods, their implications and the current legal landscape, all to help better carry out their projects.

Learning Objectives

- You will be able to describe the fundamental characteristics of fixed price and cost-plus project delivery methods and their common variations.

- You will be able to identify methods to avoid and mitigate such risks on your own projects.

- You will be able to recognize the modern legal landscape surrounding the construction industry, and the risk of fraud and collusion.

- You will be able to explain the differences in administering both fixed price and cost-plus contracts.

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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

Fixed Price vs. Cost-Plus Contracts
  • Basic Structure
  • Incentives and Risks
  • When to Use
  • Mitigating Risks With Variations
  • Common Clauses
Differences in Administering Fixed Price and Cost-Plus
  • Payment
  • Change Orders
  • Design Issues
  • Role of the Architect
Fixed Price and Antitrust Issues
  • Bid Rigging and Price Fixing
  • Anti-Collusion and Anti-Kickback Clauses
  • New York Presbyterian Hospital
Cost-Plus and Fraud Issues
  • Fiduciary Duties for Contractors and Construction Managers
  • Fiduciary and Notice of Substantial Costs Clauses
  • Tishman/Bovis Lend Lease/Pavarini Mcgovern
The Future Under Fixed Price and Cost-Plus
  • Transparency, Scrutiny and Litigation
  • Practical Considerations
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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

OnDemand Webinar

This course was last revised on February 28, 2017.

Call 1-866-352-9540 for further credit information.

Live Webinar Registration

  • AIA 1.5
     
  • Lorman Business Center, Inc. is registered with the AIA Continuing Education System (AIA/CES). This 1.5 hour program offers 1.5 Learning Unit hours, which will be reported directly to the AIA/CES for AIA members.
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CO CLE 2.0
     
  • This program may qualify for 2.0 credit hours through the Colorado Supreme Court Board of Continuing Legal and Judicial Education through reciprocity. This course is accredited in other jurisdictions such as New Jersey. To receive CLE credit for this program, a home study affidavit must be submitted to the Supreme Court Board of Continuing Legal and Judicial Education.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • GA CLE 1.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • MO CLE 1.8
     
  • This program has been approved by the Missouri Bar for 1.8 hours of CLE.
     
  • MS CLE 1.5
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • NC CLE 1.5
     
  • This program has been approved by the North Carolina State Bar Board of Continuing Legal Education for 1.5 CLE hours.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.5
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • AK ENG 1.5
     
  • This program is applicable for professional development hours through the Alaska State Board of Registration for Architects, Engineers and Land Surveyors. Professional development hours: 1.5.
     
  • AL ENG
     
  • This program is applicable for professional development hours through the Alabama Board of Licensure for Professional Engineers and Professional Land Surveyors. Please note: The Alabama Board of Licensure for Professional Engineers and Professional Land Surveyors does not preapprove courses.
     
  • FL ENG 1.0
     
  • This course has been approved for 1.0 PDH by the Florida Board of Professional Engineers in the Areas of Practice.
     
  • GA ENG
     
  • This program is applicable for professional development hours through the Georgia State Board of Registration for Professional Engineers.
     
  • IA ENG
     
  • This program is applicable for professional development hours for engineers. Please refer to Chapter 3, 193C IAC.
     
  • ID ENG 1.5
     
  • This program is applicable for 1.5 professional development hours through the Idaho Board of Professional Engineers and Professional Land Surveyors.
     
  • IL ENG 1.5
     
  • This program is applicable for 1.5 professional development hours through the Illinois Society for Professional Engineers.* *Please check the rules and regulations in your state for compliance.
     
  • IN ENG 1.8
     
  • This program is applicable for 1.8 professional development hours through the Indiana State Board for Professional Engineers.
     
  • KS ENG 1.0
     
  • This program is applicable for 1.0 professional development hours for engineers.* *Please check the rules and regulations in your state for compliance.
     
  • LA ENG
     
  • Lorman Business Center, Inc. is a board approved sponsor with the Louisiana Professional Engineering and Land Surveying Board. This course is approved to offer continuing education credit for engineers.
     
  • MD ENG 1.5
     
  • Lorman Business Center, Inc. is a board approved sponsor with the Maryland Board of Professional Engineers. This course qualifies for 1.5 professional development hours.
     
  • ME ENG 1.5
     
  • This program is applicable for a maximum of 1.5 hours toward the annual PDH requirement. Please note: The State of Maine Professional Engineers Registration Board does not pre-approve courses for professional development credit.
     
  • MI ENG 1.5
     
  • This course is applicable for 1.5 professional development hours for engineers in Michigan through the Michigan Department of Licensing and Regulatory Affairs Corporations, Securities & Commercial Licensing Bureau.* *Please check the department rules and requirements for compliance.
     
  • MN ENG 1.0
     
  • This course is applicable for a maximum of 1.0 hours toward the PDH requirement for engineers. Please note: The Minnesota State Board of Registration for Engineers has final authority on the acceptance of individual courses.
     
  • MO ENG 2.0
     
  • This course is applicable for 2.0 PDH's through the Missouri Board for Professional Engineers.
     
  • MS ENG
     
  • This course is applicable for professional development hours through the Mississippi State Board of Registration for Professional Engineers.
     
  • ND ENG 1.5
     
  • Lorman Education Services is an approved provider through the North Dakota State Board of Registration for Engineers and Land Surveyors. This seminar qualifies for 1.5 of continuing professional competence for engineers.
     
  • NE ENG
     
  • This course is applicable for professional development hours for engineers if the course is continuing engineering education for you..* *Please check the rules and requirements in your state for compliance.
     
  • NH ENG 1.5
     
  • This course is applicable for 1.5 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance. The New Hampshire Board of Engineers has final authority on granting approval.
     
  • NJ ENG 1.0
     
  • Lorman Business Center, Inc. is authorized as a provider to offer courses through the New Jersey Board of Professional Engineers. This course is applicable for 1.0 CPC credits for engineers. * *Please check the NJ State rules and requirements for compliance.
     
  • NM ENG 1.5
     
  • This course is applicable for 1.5 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • NV ENG 1.5
     
  • This course is applicable for 1.5 professional development hours through the Nevada State Board of Engineering and Land Surveyors.* *Please check the rules and requirements in your state for compliance.
     
  • OH ENG
     
  • This course is applicable for continuing education credit for engineers through the Ohio State Board of Licensure for Professional Engineers provided it is a relevant managerial, ethical or technical topic relevant to the practice of engineering or surveying.
     
  • OK ENG
     
  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • OR ENG
     
  • This course is applicable toward engineering continuing education hours in Oregon, please refer to your rules and laws.
     
  • PA ENG 1.8
     
  • This program is applicable for 1.8 PDHs for engineers through the Pennsylvania State Board of Professional Engineers, Land Surveyors and Geologists.* *Please check the rules and requirements in your state for compliance.
     
  • SC ENG 1.5
     
  • This course is applicable for 1.5 hours toward the PDH requirement for engineers through the South Carolina Board of Registration for Professional Engineers.* *Please check the rules and requirements in your state for compliance.
     
  • SD ENG
     
  • This course is applicable for professional development hours for engineers in South Dakota.* *Please check the rules and requirements in your state for compliance.
     
  • TN ENG
     
  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • TX ENG
     
  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • UT ENG
     
  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • VA ENG 1.5
     
  • This program is applicable for 1.5 hours of continuing education through the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects (APELSCIDLA BOARD).* *Please check the rules and requirements in your state for compliance.
     
  • WI ENG 1.5
     
  • This course is applicable for a maximum of 1.5 hours toward the PDH requirement for engineers.* *The Wisconsin Engineer Section has final authority on the acceptance of individual courses and providers.
     
  • WV ENG 1.5
     
  • This course is applicable for 1.5 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

Who should attend?

This live webinar is designed for presidents, vice presidents, contractors, subcontractors, engineers, architects, construction and project managers, developers, purchasing professionals and attorneys.

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More Program Information

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

Carol A. Sigmond

Carol A. Sigmond

Cohen Seglias Pallas Greenhall & Furman PC.

  • Partner in the New York office of Cohen Seglias Pallas Greenhall & Furman PC.
  • Concentrates practice on construction industry matters including contract preparation, mediation, litigation, suretyship, bid protests, appeals and arbitration
  • Extensive experience in litigation of construction disputes for public works and buildings in both the public and private sectors
  • Experienced mediator and is on the New York County Supreme Court Commercial Division Roster of Volunteer Mediators and the American Arbitration Association’s Roster of Construction Industry Arbitrators
  • President of the New York County Lawyers’ Association; and a member of GCA of New York, the ABA, the NY State Bar Association and the NY City Bar Association
  • Frequent speaker and author on topics relating to construction law
  • J.D. degree, The Catholic University of America School of Law; B.A degree, Grinnell College
  • Can be contacted at csigmond@cohenseglias.com, 212-871-7400 or on Twitter® @NYCLAPres
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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.

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Product ID: 399854
Published 2017
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