Don't be caught off-guard by implied contract obligations that you did not even know existed.
Owners, developers, contractors, architects, engineers, subcontractors, and others in the construction industry are frequently reminded to get their deals in writing. Construction contracts are some of the most negotiated, complex, comprehensive contracts used today. But is getting the deal in writing enough? No. When a dispute arises, parties to construction contracts are often surprised to learn that they are bound to implied contract obligations that they did not know existed. This topic will help those who frequently or infrequently negotiate, administer, and manage construction contracts identify, analyze, and apply some of the more commonly recognized implied contract obligations to better protect their rights, avoid liabilities, and resolve disputes. This material also explains the requirements and best practices for waiving or modifying implied contract obligations. Failing to recognize and understand the applicability of implied contract obligations to your construction contracts can lead to bad decisions, loss of rights, inadvertent breaches, improper claims, and meritless defenses. This information is critical to those who need to know and understand their rights and obligations under their construction contracts.
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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.
Agenda
Overview
Origins of Implied Contract Obligations
- Historical Context
- Common Law
- Statutory Law
- Relationship to Express Contract Terms
Implied Contract Obligations
- Good Faith and Fair Dealing
- Information
- Access
- Performance
- Warranty
Modifying Implied Obligations
- Use of Avoidance Clauses
- Best Practices
Conclusion
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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.
Credits
OnDemand Course
This course was last revised on August 22, 2019.
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 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
Scott D. Cahalan
Smith, Gambrell & Russell, LLP
- Partner in the construction law section of Smith, Gambrell and Russell, LLP, an AmLaw 200 firm
- Part-time instructor of graduate courses in design and construction law and real estate development law at the Georgia Institute of Technology
- General counsel to the Georgia Utility Contractor’s Association
- Practice includes all aspects of design and construction law from drafting and negotiating prime contractors, subcontracts, and purchase orders to mediating, arbitrating, and litigating construction disputes
- Drafted form construction contracts for the Associated Owners and Developers, a national organization
- Recognized by Chambers USA, The Best Lawyers in America, and Georgia Super Lawyers
- Frequent author and lecturer on construction law
- Member of the State Bar of Georgia, Northern District of Georgia, and 11th Circuit Court of Appeals
- J.D. degree, with honors, University of Georgia; B.S. degree in construction engineering, Iowa State University
- Can be contacted at [email protected], [email protected], or 404-815-3711
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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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