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Online Manual

Construction Claims in California

Don't let claims sneak up on you - learn the right way to avoid them and handle them when they do happen. You can learn, in just one day, how to handle construction claims without losing valuable project time and money. Our experienced and well-respected professionals can even give you the tips you need to avoid claims altogether. All you have to do is enroll in this seminar today. Attend this seminar and get valuable information on delays and extra work claims in California construction projects. With the materials and presentations from this seminar, you will have a clear understanding of the effect claims have on the construction and legal processes. Don't learn the hard way - register today to hear from professionals who want to share their hands-on experience with you. Benefits for You - Minimize losses by incorporating key insurance and indemnification provisions in your contract - Eliminate the hassles of recovering money owed for extra work and delay claims - Identify key issues up front to minimize future construction claims - Learn how to successfully present and litigate disruption and delay claim amounts
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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

Key Issues in Construction Contracts
— Jeffrey S. Conner, Esq. and Brian J. Larkin, P.E.
  • Scope of Work
  • Schedule and Payment
  • Responsibilities and Indemnification
  • Insurance
  • Suspension and Termination
  • Inspection and Correction of Work
Defective Plans and Specifications
— Maria Giardina, Esq.
  • Roles and Obligations of the Owner, Architect and Contractor
  • Design vs. Performance Specifications
  • Shifting Risks by Agreement
  • Legal Theories for Recovery
Changed Conditions
  • Obvious Changes
  • Constructive Changes
  • Excessive Changes
Differing Site Conditions
— Maria Giardina, Esq.
  • Types of Differing Site Conditions
  • Classification as Type I and Type II Conditions
  • Disclaimers
  • Legal Theories for Recovery
Change Order Process
  • Change Orders and Change Directives
  • Compliance With Change Order Provisions
  • Proceeding Without Written Change Orders
  • Theories for Recovery
Tips on How to Avoid Claims and Disputes
— Jeffrey S. Conner, Esq. and Brian J. Larkin, P.E.
  • Warning Signs
  • Strict Adherence to Government Requirements
  • Authority of the Architect/Engineer
  • Defective Specifications and Changes
  • Schedules and Termination
Proving and Defending Claims and Damages
— Jeffrey S. Conner, Esq. and Brian J. Larkin, P.E.
  • Call for Help
  • Changed Conditions and Delays
  • Notice Provisions and Documentation
  • Claim Definition and Pricing Elements
  • Types of Damage Calculations
Insurance and Bonds
— Robert N. Berg and Steven M. Cvitanovic
  • First Party - Property Protection
    • Completion and Surety Bonds
    • Builders Risk Coverage
  • Third-Party Liability
    • Basic Liability Coverages
    • Defining an Occurrence
    • Defining Property Damage
    • Contractors Default Insurance
Contract Issues
— Robert N. Berg and Steven M. Cvitanovic
  • Indemnification
  • Enforcing Contractual Wording
  • Effect of Indemnity Agreements
  • Waivers of Consequential Damages
  • Waivers of Delayed Discovery Rule
  • Pay When Paid
  • Prevailing Wages
Dispute Resolution Issues
— Brian J. Larkin, P.E. and Clark T. Thiel, Esq., AIA
  • Initial Decision Maker
  • Dispute Resolution Boards
  • Mediation and Arbitration
  • Judicial Reference
  • Accelerated Adjudication
  • Litigation
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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

Online Manual

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

Jeffrey S. Conner, Esq.

Jeffrey S. Conner, Esq. – Moderator

Conner & Associates, A Professional Law Corporation

  • President of Conner & Associates, A Professional Law Corporation
  • 24 years of experience in domestic and international real estate and construction law, finance, claims consulting and real estate development
  • Managed complex construction disputes and real estate transactional matters on both private and public projects, and garnered significant experience in assisting design professionals, developers, and public owners with preventative risk management
  • Actively represented some of the largest contractors and owners in the United States and been involved in numerous noteworthy megaprojects
  • Created and produced numerous award winning events including the Groundbreaking Women in Construction conference (www.groundbreakingwomen.com) recently held in New York City
  • Wrote the chapter entitled “Green Building: The Future of the Construction Industry” for the Continuing Education of the Bar’s book Construction Contracts, Defects & Litigation and “Construction Claims in California” for the Construction Management Association of America e-bulletin and "Managing the Risks of LEED® Certification" for Los Angeles Lawyer magazine
  • Frequent speaker at real estate industry conferences, including the “Week in Legal Hong Kong” program, and Lorman Education Services program on "Managing Construction Projects", and has been quoted in diverse media outlets including the New York Times, OC Weekly and Los Angeles magazine
  • Former chair of The State Bar of California’s Construction subsection, and vice-president of the Real Property section
  • J.D. degree, University of San Francisco School of Law; B.S. degree, with honors, University of California, Berkeley
  • Can be contacted at 415-250-1333 or [email protected]
Robert N. Berg

Robert N. Berg

Michelman & Robinson, LLP

  • Partner with Michelman & Robinson, LLP
  • Practices in the areas of insurance coverage and bad faith, insurance and real estate
  • Extensive experience in contractual commercial litigation and toxic torts, comprehensive environmental response, Compensation and Liability Act (CERCLA) litigation, maritime and ERISA litigation
  • Handles cases largely consisting of federal court actions in which property owners have litigated against numerous parties to determine who must pay for response costs, as well as cases that have centered on the determination as to which chemical manufacturers and machine manufacturers must pay for response costs
  • 2008 won a trial in Riverside county on a $20,000,000 quad case which our defense was on written broad type 1 indemnity contract, and that the indemnitor had, at least in part, caused the loss
  • Won a bad faith trial in favor of an insurer; where the insured had entered into an agreement that allowed for a truncated trial, which resulted in a large judgment against the insured
  • Published articles on written indemnity and have spoken at seminars on wrap policies
  • Engaged principally in large, complex disputes involving casualty and property coverage issues for nearly three decades
  • Has also handled matters for clients in the retail industry
  • J.D. degree, University of California, Hastings College of the Law; B.A. degree, University of California at Davis
  • Can be contacted at 415-882-7770 or [email protected]
Steven M. Cvitanovic

Steven M. Cvitanovic

Haight, Brown & Bonesteel LLP

  • Partner in the office of Haight, Brown & Bonesteel, LLP
  • Practice emphasizes all aspects of construction law, including construction defect, contractor licensing, delays, mechanics liens; payment, performance and license bonds, prevailing wages and stop notices
  • Conducts regular seminars and workshops on numerous construction law topics
  • Wrote more than 50 construction law alerts, advisories and publications related to construction law
  • Member of the California Bar, the California Building Industry Association, and the ABA Forum on Construction Law, Division 7, “Surety, Insurance & Liens”
  • Can be contacted at 415-281-7608, [email protected] and @steve_vic on Twitter®
Maria Giardina, Esq.

Maria Giardina, Esq.

Sedgwick LLP

  • Special Counsel with Sedgwick LLP
  • Concentrates practice on the prosecution and defense of construction-related disputes on behalf of owners, design professionals and contractors
  • 20 years of experience providing claims analysis and litigation services, including trials, arbitration and mediation, on a wide variety of matters involving contract claims, payment disputes, design and construction defects, mechanics liens and bond claims
  • Member of the National Women in Construction (NAWIC) and is the chair of the education committee for the San Francisco Chapter
  • Earned the San Francisco Chapter national recognition for Overall Construction Professional Education, Outstanding Achievement for Best Educational Event for Women in Construction Week 2010 and was voted Member of the Year of the San Francisco Chapter for 2009 to 2010
  • J.D. degree, Golden Gate University School of Law; B.A. degree in literature and theater arts, University of California, Santa Cruz
  • Can be contacted at [email protected]
Brian J. Larkin, P.E.

Brian J. Larkin, P.E.

Larkin & Associates

  • Principal of Larkin & Associates, an engineering consulting firm with a focus on construction project-related services
  • More than 33 years of engineering experience in industries that include aerospace, energy and public transit, including seven years with Chevron and almost 10 years with Bay Area Rapid Transit (BART)
  • For the past 10 years, he has worked in construction claims analysis and settlement, and has helped settle disputes for both owners and contractors in both public and private projects
  • Registered as a mechanical engineer in both California and Hawaii and as a control system engineer in California
  • Can be contacted at [email protected]
Clark T. Thiel, Esq., AIA

Clark T. Thiel, Esq., AIA

Pillsbury Winthrop Shaw Pittman LLP

  • Partner with the law firm Pillsbury Winthrop Shaw Pittman LLP and chair of its construction practice group and member of the firm’s Insurance Recovery & Advisory practice, named by Law360 as a practice group of the year in 2015 and 2016
  • Registered architect in multiple states; licensed contractor in California
  • Advises and represents owners, developers, and contractors in the drafting and negotiation of design, construction and insurance agreements, and compliance with jurisdictional requirements for the performance of construction and design services
  • Provides advice and counselling with regard to troubled projects in the areas of cost overruns, delay and acceleration claims, construction defects, design liability, and insurance recovery
  • Represents public and private owners, developers, design professionals, general contractors and subcontractors in the resolution of disputes through litigation, arbitration and mediation
  • Can be contacted at 415-983-1031 or [email protected]
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Product ID: 394029
Published 2014
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