Understand how punch lists are used in connection with substantial and final completion of construction projects.
Industry professionals usually think of a punch list as a list of work items to be completed at the end of the job. This topic reviews how a punch list is used and its impact on the legal and contractual rights of project participants. Many construction participants do not understand how punch work relates to substantial completion, delay damages, the release of retention and final completion, statutory definitions of completion, and lien-related deadlines. This topic explains how punch lists get used in connection with substantial and final completion and how an owner protects themself when punch list work remains at the end of a job. In addition, under state laws, project completion triggers the filing periods for mechanic's liens, stop payment notices, and notices of completion. This topic addresses the thorny issue of whether punch items prevent statutory interpretations of completion. Punch lists can also be the source of disputes. For example, you may have a contractor that contends that the owner is demanding work that exceeds contract requirements and industry standards; then you have the owner that refuses to release retention due to claimed incomplete punch list work. This material offers practical advice on how to analyze these issues. Learn how to comply with contract requirements and how to protect legal rights.
Learning Objectives
- You will be able to define what a punch list is.
- You will be able to describe how the punch list intersects with several closeout and completion issues.
- You will be able to discuss the impact on delay damages.
- You will be able to explain the interplay with statutory definitions of completion.
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Agenda
What Is a Punch List?
How the Punch List Intersects With Several Closeout and Completion Issues
- Substantial and Final Completion
- Final Payment and Release of Retention
- Impact on Delay Damages
- Interplay With Statutory Definitions of Completion
- Lien Recording and Related Deadlines
- Excessive Punch Claims by Contractors
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Why Lorman?
Over 35 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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MP3 Download
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
OnDemand Course
This course was last revised on December 20, 2021.
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Credit
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Why Lorman?
Over 35 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
Robert G. Campbell
Cox, Castle & Nicholson LLP
- Partner in the California law firm of Cox, Castle & Nicholson LLP
- Has practiced construction law for 39 years
- Clients are project owners, EPC and other prime contractors, design professionals, construction managers, construction lenders, subcontractors, and other project participants in disputes ranging broadly in size and sophistication on both public and private works
- Among the claims categories he resolves are scope of work disputes, design professional liability, delay, acceleration, disruption, productivity, lien and bond enforcement, disputed change orders, defective work, terminations, differing site conditions, licensing, and bid protests
- Recognized as a leading construction lawyer: Who’s Who Legal: Construction, 2017-2021; Southern California Super Lawyers, 2012-2021; and recommended attorney, real estate - construction, Legal 500 USA, 2017-2021
- J.D. degree, USC; B.A. degree, UCLA
- Can be contacted at 310-284-2259 or [email protected]
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