Learn practical tips and examples for effective contracting draft and dispute resolution options on construction contracts.
No one wants to think about a construction project falling before a nail is hammered. However, considering future dispute pathways during the contract formation stage can be a key step toward early resolution. Effective contract drafting upfront can lead to fewer times and costs on the back end -- and even fewer disputes. Still, even with the best of intentions and well-drafted contracts, disputes do happen. And when they do, the parties should have a clear understanding of the available dispute resolution mechanisms -- including options for alternative dispute resolution (ADR) outside of the traditional courtroom setting. In this presentation, you will learn practical tips and examples for effective contracting draft and dispute resolution options on construction contracts. The topic will cover a wide range of ADR and litigation options, risk avoidance and allocation in contract formation, and enforceability of certain contract clauses. While disputes may not be avoidable, knowing the risks and rewards upfront can be half the battle.
Learning Objectives
- You will be able to explain enforceability of certain contract clauses.
- You will be able to define dispute resolution.
- You will be able to identify options for Alternative Dispute Resolution (ADR) outside of the traditional courtroom setting.
- You will be able to recognize the types of Alternative Dispute Resolution.
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Why Lorman?
Over 39 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
What Is a Dispute Resolution?
- Definition
- Benefits
- Recent Examples - How Dispute Resolution Saves Time and Costs
Effective Contract Drafting to Avoid Disputes
- Key Contract Terms
- Choice of Law and Forum
- Dispute Resolution Terms and Conditions
Types of Alternative Dispute Resolution - Pros and Cons
- Arbitration
- Mediation
- Hybrid
- Litigation
Practical Advice
- ADR Best Practices
- Waiver and Enforceability
- What's on the Horizon in 2023
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Why Lorman?
Over 39 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 Course
This course was last revised on February 9, 2023.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hour(s) 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 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hour(s) credit.
- Arizona CLE 1.0
- 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/Noggin Guru for auditing purposes. This activity may qualify for up to 1.0 hour(s) toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services/Noggin Guru is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hour(s) 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).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hour(s).
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
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 39 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
Nicholas T. Solosky
Fox Rothschild LLP
- Partner in Fox Rothschild LLP’s Government Contracts Practice Group
- Represented clients at all levels of federal litigation, including matters at the Government Accountability Office, Court of Federal Claims, Boards of Contract Appeals, and U.S. Court of Appeals for the Federal Circuit
- Represents contractors in all manner of claims against the federal government, including bid protests and contract claims
- Authored publications on Contract Disputes Act Claims, practical bid protest strategies, and suspension and debarment proceedings
- Represented clients in significant Contract Disputes Act claims at the Civilian Board of Contract Appeals and Armed Services Board of Contract Appeals, as well as U.S. Federal District Courts
- Author, and moderator of Fox Rothschild’s Federal Government Contracts and Procurement Blog
- Can be contacted at 202-696-1460 or [email protected]
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Why Lorman?
Over 39 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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