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OnDemand Course

Forums for Resolving Construction Disputes

Hear the key attributes for choosing a dispute resolution forum, including negotiation, dispute review boards, mediation, arbitration and litigation.

When the parties to a construction contract are unable to resolve a change order request, the decision to pursue the matter beyond the administrative remedies defined in the contract can turn out to be a worthwhile investment or throwing good money after bad. Often the difference is related to the forum that has been chosen to resolve the dispute. As a result, contractors and owners, and the attorneys who represent them, need to be familiar with the different options that exist for resolving construction disputes. This ondemand webinar will focus on certain key aspects of these various forums as they relate specifically to construction disputes. It will include a discussion of the most important considerations for choosing a dispute resolution forum, including the legal requirements and practical considerations that apply to each. Specifically, this webinar will provide the pros and cons of the various forums from the perspective of the legal/expert team representing a party in dispute. This unique perspective will include a discussion of the level of preparation that is appropriate for the chosen forum. At the conclusion of the webinar, you will understand the key attributes of negotiation, dispute review boards, mediation, arbitration and litigation, and how these compare in the context of their own unique situation.

Runtime: 85 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

General Discussion

  • Types of Venue - What Are My Choices?
    • Informal or Formal
  • When Do I Choose?
    • Standard Contracts
    • Negotiated Contracts
    • Public Owners
  • Considerations
    • Administrative Remedies
    • Discovery; Rules of Evidence
    • Expert vs. Fact Witnesses
    • Binding Decisions
    • Reasoned Awards

What Are the Key Features of Each Forum?

  • Negotiation
    • When and How?
    • Pros and Cons
  • Mediation
    • Format Choices
    • Pros and Cons
  • Arbitration
    • Available Types and Tracks
    • Pros and Cons
  • Litigation
    • What Is My Venue?
    • Bench Trial or Jury?
    • Pros and Cons
  • Alternative Dispute Resolution
    • Dispute Review Boards
    • Advantages for the Owner
    • Advantages for the Contractor

How Do My Options Compare?

  • Key Considerations of Each Forum
    • Timing; Level of Preparation
    • Risk Factors; Cost and Time
  • Multiple Step Processes
  • Tips for the Best Outcome
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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

OnDemand Course

This course was last revised on October 30, 2014.

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

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

William A. Manginelli

William A. Manginelli

Trauner Consulting Services, Inc.

  • President of Trauner Consulting Services, Inc., a nationally renowned construction consulting firm focusing on the evaluation and resolution of construction disputes
  • Managed a variety of construction projects and analyzed construction performance on a wide array of projects, including highways, bridges, airports, wastewater treatment plants, power plants, chemical process plants, government installations, pipeline systems, correctional facilities, hi-rise and low-rise structures, commercial facilities and residential housing units
  • Evaluated and helped resolve construction claims involving delay, inefficiency, acceleration and other impacts related to differing site conditions, design deficiencies, changes, and owner, designer and contractor performance through negotiation, mediation, arbitration and litigation
  • Qualified expert in the areas of construction management, critical path method scheduling, delay analysis, productivity analysis and inefficiency, acceleration, and construction damages
  • Provided expert witness testimony before federal and state courts, including U.S. District Courts, state superior courts and the Armed Services Board of Contract Appeals, as well as the American Arbitration Association and other dispute resolution venues
  • Thorough knowledge of construction contracts and instrumental in the development of a federally sponsored training course on specification writing
  • Former senior project manager in the marine design and construction industry
  • Graduate, U.S. Merchant Marine Academy at Kings Point, New York; and holds a USCG engineer's license
  • Can be contacted at 215-814-6400 or [email protected]
Robert A. Prentice, Esq.

Robert A. Prentice, Esq.

Duane Morris LLP

  • Immediate past chair of Duane Morris LLP’s Construction Group, 1999 to 2014
  • Substantial experience in construction litigation, arbitration, mediation and other alternative methods of dispute resolution having represented contractors, subcontractors, owners, architects, equipment suppliers, and sureties
  • Published and spoken extensively on construction-related topics, e.g., co-editor of two volume treatise on Pennsylvania Construction Law, published by the Pennsylvania Bar Institute
  • Listed in Chambers USA: America’s Leading Lawyers for Business, Band 1, Construction, 2014; listed in Best Lawyers in America; listed in Super Lawyers Corporate Counsel Edition, listed in Who’s Who in Practicing Attorneys, and named a Pennsylvania “Super Lawyer” 2004 -2014
  • LL.M. degree in constitutional law, Harvard Law School; J.D. degree, University of Michigan Law School; A.B. degree in economics, Middlebury College
  • Can be contacted at 215-979-1130 or [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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Pay once and get a full year of unlimited training in any format, any time!

  • Live Webinars
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  • Course Manuals
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  • White Papers and Articles
  • Sponsored Live Webinars

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* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 394532
Published 2014
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