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Implied Obligations in Construction Contracts

 

Don't be caught off-guard by implied contract obligations that you did not even know existed.

Few would challenge the wisdom of Ben Franklin's aphorism, "When a friend deals with a friend, Let the bargain be clear and well penn'd, That they may continue friends to the end." Blind reliance upon the written words in a construction contract can be equally imprudent, however, as the courts in the United States have long-recognized implied contract obligations that supplement and clarify the written words of a construction contract. Recognizing and understanding the applicability of implied contract obligations will lead to better decisions throughout the life of a construction project. This course will provide those who draft, negotiate, manage, and administer construction contracts--no matter the frequency--with the knowledge to effectively deal with implied contract obligations both in the contract itself and as claims arise on a construction project. This information is critical to those who need to know and understand their rights and obligations under their construction contracts.

Agenda

Faculty

Scott D. Cahalan

Scott D. Cahalan

Smith, Gambrell & Russell, LLP

Scott Cahalan

  • Partner in the construction law and litigation section of Smith, Gambrell and Russell, LLP, an AmLaw 200 firm
  • Part-time instructor of graduate courses in Design and Construction Law and Real Estate Development Law at the Georgia Institute of Technology
  • General counsel to the Georgia Utility Contractor’s Association
  • Practice includes all aspects of design and construction law from drafting and negotiating prime contractors, subcontracts, and purchase orders to mediating, arbitrating, and litigating construction disputes
  • Drafted form construction contracts for the Associated Owners and Developers, a national organization
  • Recognized by Chambers USA, The Best Lawyers in America, and Georgia Super Lawyers
  • Frequent author and lecturer on construction law
  • Member of the State Bar of Georgia, Northern District of Georgia, and 11th Circuit Court of Appeals
  • J.D. degree, with honors, University of Georgia; B.S. degree in construction engineering, Iowa State University
  • Contact information [email protected], [email protected], or (404) 815-3711

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