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Construction and the Uniform Commercial Code

Understand how and when the law of sales affect the rights and responsibilities of the parties in a construction project.

Construction contracts are service contracts and sales of personal property contracts are contracts governed by Article 2 of the Uniform Commercial Code. What are the theoretical and practical differences between the two types of contracts? When is the sale of goods simply part of a construction contract, and when does a construction contract become a contract for the sale of goods? How does a general contractor make sure that the personal property components it purchases meets the warranty requirements to the owner? How does the general contractor make sure that its purchase orders with sellers of personal property comply with the requirements of his contract with the owner? How does the seller of personal property protect itself from disproportionate liability? This information will provide answers to these important questions.

Runtime: 89 minutes
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Why Lorman?

Over 33 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

Where Do Construction and Contracts for the Sale of Personal Property Intersect and Diverge?

  • Services vs. Goods
  • Implied Warranties vs. Express Warranties
  • Specific Duty of Good Faith in UCC vs. Not Always in Construction Contract
  • Differences in Disclaiming Warranties and Limiting Liability

How Do Parties Typically Enter Into Construction Contracts?

  • Competitive Bids
  • Negotiation

How Do Parties Typically Enter Into Contracts for Sale or Purchase of Goods?

  • Often Blindly by Boilerplate Purchase Orders
  • The Battle of the Forms
  • Rarely, by Specific Contract Negotiation

The Owner's Perspective

  • Ideal World Scenario: the Ability to Hold Both the General Contractor Liable for All Design and Construction Defects and at the Same Time Look to All Subcontractors and Suppliers (and Designers) for Satisfaction
  • Should the Owner Bargain for Both Direct and Indirect Warranty and Similar Rights Against All Construction Participants?
  • Should the Construction Participants Require Defense and Indemnification Arrangements to Protect Them From Vicarious Liability?

The General Contractor's Perspective

  • Minimize Liability to the Owner and Pass All Liability Down to Subcontractors and Suppliers
  • General Contractors Take on Liabilities to Owners Without Having Creditworthy and Insured Subcontractors and Suppliers to Whom to Pass the Liability Through

The Subcontractor's Perspective

  • Minimize the Liability to the General and the Owner, and Pass It Through to Lower-Tier Subcontractors and Suppliers

The Supplier's Perspective

  • Sell Goods With Maximum Disclaimer of Liability, Elimination of Consequential Damages and Short Time Limit for Claims

Insurance and Performance Bonds

  • How They Interrelate With Construction and Products Sales Issues

Architects and Design Professionals

  • Impact of Specifying a Particular Product

The Heart of the Matter: Ensuring That Rights and Obligations Are Known and Practically Enforceable

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Why Lorman?

Over 33 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

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • ME 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.

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

OnDemand Webinar

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on May 12, 2020.

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

  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • 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 Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. 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, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.0
     
  • 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: 1.0 CLE credit(s).
     
  • HI CLE 1.25
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.25 CLE credit hours.
     
  • IL CLE 1.25
     
  • This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.0
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.0 hours of CLE credit under M. Bar R. 12.
     
  • ND CLE 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 88 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 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 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.
     
  • VT CLE 1.5
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.5
     
  • This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

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

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Why Lorman?

Over 33 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

George F. Burns, Esq.

George F. Burns, Esq.

Bernstein, Shur, Sawyer & Nelson, P.A.

  • Shareholder of Bernstein, Shur, Sawyer & Nelson, P.A. and member of the firm's Construction and Litigation Practice Groups, and its Dispute Resolution Group
  • Over four decades of experience, focusing on litigating, arbitrating, and mediating business and construction disputes
  • Trial experience ranges from securities claims and partnership disputes, to construction cases involving schools, power plants, and bridges
  • Well-versed in assisting clients in the forest products industry and represents a number of related trade associations
  • Member of the Commercial Panel of the American Arbitration Association
  • Appointed by the Maine Supreme Court as an arbitrator, mediator, and early neutral evaluator for its Court Alternative Dispute Service (CADRES)
  • Frequently shares his expertise in construction law, as well as related areas like insurance and product liability, in lectures and seminars around the country
  • Co-author with his partner Michael Bosse of the ABA book, Building the Construction Case: A Blueprint for Litigators, 2014
  • J.D. degree, New York University; B.S. degree in international affairs, Georgetown University School of Foreign Service
  • Can be contacted at [email protected]
Asha Echeverria

Asha Echeverria

Bernstein, Shur, Sawyer & Nelson, P.A.

  • Shareholder of Bernstein, Shur, Sawyer & Nelson, P.A.’s Construction Law and Energy groups
  • Specializes in dispute resolution involving construction, energy, insurance, and banking claims
  • Licensed professional engineer and LEED® Accredited Professional with firsthand experience with the ins and outs of construction, demolition, and green-energy projects
  • Represents energy clients, including power plants from New England to the Caribbean, in long term contract negotiations Successfully litigated coverage issues with insurance companies, including claims under Maine’s Unfair Settlement Practices Act
  • J.D. degree, cum laude, The George Washington University Law School; B.S.E. degree, cum laude, University of Pennsylvania
  • Can be contacted at [email protected]
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Why Lorman?

Over 33 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: 407425
Published 2020
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