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Live Webinar

90-minute live streaming program
  • August 15
  • 1:00 - 2:30 pm EST

Breach of Construction Contracts

August 15

Learn how to navigate the complexities of a breach of construction contracts.

Sometimes even the best laid plans go awry and the unexpected can happen on a construction project that could affect your bottom line. Payments may suddenly stop, there could be a major change in the conditions at the project, or your subcontractor may make a substantial mistake. Once that happens, you will need to move quickly to protect your rights and mitigate any potential losses. In this material, experienced construction litigation attorneys Mark B. Grzymala and Brandon Hummel will navigate you through this complex area of law. They will provide a brief overview of the most important risk allocation provisions contained in construction contracts and what types of breaches most often arise and under what circumstances. They will then focus on identifying the types of damages available in the event of a breach, when contract termination is appropriate, what proof is necessary to recover damages, and the likelihood of recovery under various contract breach theories. During the last part of the material, they will discuss best practices for drafting a construction contract to minimize risks and to maximize recovery.

Learning Objectives

  • You will be able to recognize key risk allocation issues that arise when drafting of construction contracts such payment terms, schedule, scope of work, standard of performance, warranty, indemnity, and dispute resolution.
  • You will be able to describe what types of breach of contract claims are often asserted in the construction context, what the elements of the claims are, when termination is the right option, and what proof is necessary.
  • You will be able to identify the types of damages a party asserting breach of contract claims based on non-payment, construction defects.
  • You will be able to explain what dispute resolution methods and forums may be most appropriate for your company if you become involved in construction disputes.

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Why Lorman?

Over 32 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
  • Contract Requirements
  • Form Contracts vs. Manuscript Contracts
  • Breach Elements
Common Breaches
  • Failure to Pay
  • Defects
  • Disagreement on Scope of Work
  • Delays/Disruption/Acceleration
  • Tort (Property Damage or Personal Injury)
  • Warranty Claims
  • Indemnity Claims
  • Failure to Procure Insurance Claims
  • Fraud
  • Contract Termination
Damages
  • Measuring and Quantifying Damages
  • Compensatory
  • Consequential
  • Liquidated Damages and Penalties
  • Proving the Damages and What's Recoverable
Drafting Considerations
  • Limit Consequential Damages
  • Waiver of Subrogation
  • Payment and Project Schedules
  • Indemnification
  • Warranty
  • Insurance and Bonding Requirements
  • Attorney's Fees
  • Dispute Resolution (Mediation, Arbitration, Litigation, Choice of Law)
Other Remedies
  • Tort Claims Not Barred by the Economic Loss Doctrine
  • Mechanics Liens
  • Bond Claims
  • Severin Doctrine (Subcontractor Pass Through Claims)
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Why Lorman?

Over 32 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

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.
     
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  • 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.
     
  • 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).
     
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  • 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.
     
  • 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.
     
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  • 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.
     
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  • 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
     
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  • This course is applicable for 1.5 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
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  • 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.
     
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  • 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.
     
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  • 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.
     
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  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
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  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
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  • 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.
     

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Who should attend?

This live webinar is designed for presidents, vice presidents, contractors, subcontractors, engineers, architects, project managers, contract managers, developers, accountants, controllers and attorneys.

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Why Lorman?

Over 32 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

Mark B. Grzymala

Mark B. Grzymala

Grzymala Law Offices, P.C.

  • Principal of Grzymala Law Offices, P.C. and has focused his practice in commercial litigation and construction law throughout his entire career
  • Represents a variety of clients in the construction industry from small business owners to Fortune 500 companies
  • Experienced and seasoned litigator representing all players on a construction project with respect to mechanics lien foreclosures, bond claim enforcement, construction defects and delays, breach of contract, and contract negotiation
  • Selected to the Illinois Super Lawyers list for Construction Litigation in 2017, 2018, and 2019. This is an exclusive list, recognizing no more than five percent of attorneys in the state
  • Frequent speaker on construction law issues and author of several articles on contractor rights
  • Member of the ABA Forum on Construction Law and Charter Fellow of the Construction Lawyers Society of America
  • J.D. degree, Chicago-Kent College of Law; B.A. degree, University of Illinois at Urbana-Champaign
  • Can be contacted at 847-920-7286 or [email protected]
Brandon G. Hummel

Brandon G. Hummel

Hummel Law Group

  • Founder and owner of Hummel Law Group and focuses his practice in commercial litigation, con-struction law, insurance coverage litigation and counseling (for policyholders), real estate law, and land use law
  • Experienced litigator representing all parties on construction projects with respect to enforcement and defense of mechanics lien and bond claims, enforcement and defense of construction defect and delay claims, assertion and defense of breach of contract claims, and resolution of insurance coverage disputes
  • Peer selected as a Leading Lawyer in commercial litigation, construction law, and real estate law by Law Bulletin Publishing in 2019 and 2018 and an Emerging Lawyer by Law Bulletin in the same disciplines in 2015, 2016, and 2017
  • 2017-2019 Lorman Platinum Distinguished Faculty Member
  • J.D. degree, Northwestern University School of Law; B.A. degree, The Johns Hopkins University
  • Can be contacted at 312-599-2806 or [email protected]
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Product ID: 402116
Published 2019
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