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Winning Construction Claims

Learn how to recognize, file, prove, negotiate, and win construction contract claims.

Inherent in all construction projects are the uncertainties that may cause cost overruns and extended time of performance. To manage these risks the parties need to identify the potential risks that may be encountered, assign responsibility for managing or minimizing the risk (among contracting parties or shift to a third party), and implement a plan to avoid or minimize the potential impact of such risks. When disputes arise, the successful defense/resolution of a claim is dependent upon the level of information that can be gleaned from the project record and the manner in which this information is presented so as to clearly and concisely articulate, to both a trier of fact and the opposing party, the basis for the position offered. Drawing upon the knowledge and experience gained over the years on prior assignments and having seen the issues from both sides of the table, this material will discuss the steps necessary to productively and effectively cut through the documentation and address the heart of the problems and better understand the strengths and weaknesses of all parties' respective positions.

Learning Objectives

  • You will be able to identify how the various contract delivery systems and typical construction contract provisions affect the type and likelihood of claims.
  • You will be able to recognize importance of proper project recordkeeping to facilitate the resolution of disputes.
  • You will be able to discuss how management and timely resolution of change orders and disputes can impact the overall cost and time of performance.
  • You will be able to explain the steps to minimize the occurrence and severity of disputes.

95 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 34 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

Introduction

  • Construction Claims Process

Construction Litigation Process - Overview of the Different Forums That May Be Specified or Utilized to Resolve Disputes and What to Expect and How to Prepare

  • Disputes Review Boards
  • Mediation
  • Arbitration
  • Trial

Alternative Contract Delivery Systems - How the Type of Contract Delivery System Selected Impacts the Ability of the Parties to Timely Resolve Disputes

  • Design-Build
  • Design Assist
  • Progressive Design-Build
  • Design-Bid-Build
  • Construction Manager at Risk
  • Multiple Prime Contracts

Steps to Minimize the Occurrence and Severity of Disputes

  • Understanding Parties' Contractual Responsibilities
  • When to Notify Other Parties of Potential Claim
  • Importance of Proper Recordkeeping
  • Why Claims Are Not Resolved at the Project Level

Key Elements of Presenting/Defending a Construction Claim

  • Establishing a Cause-Effect Analysis
  • Evaluating Strengths and Weaknesses of All Parties
  • Third-Party Trier of Fact - Lessons Learned
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Why Lorman?

Over 34 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

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • NJ CLE 1.8
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on August 30, 2021.

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

  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • 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 for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.5
     
  • 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: 1.5 CLE credit(s).
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • NH MCLE 1.6
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 95 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • VT CLE 1.5
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WI CLE 1.5
     
  • This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • AK ENG 1.5
     
  • This Ondemand program is applicable for professional development hours through the Alaska State Board of Registration for Architects, Engineers and Land Surveyors. Professional development hours: 1.5. *Please check the rules and requirements in your state for compliance.
     
  • AL ENG
     
  • This Ondemand program is applicable for professional development hours through the Alabama Board of Licensure for Professional Engineers and Professional Land Surveyors.* *Please check the rules and requirements in your state for compliance.
     
  • AR ENG
     
  • This Ondemand program is applicable for 1.5 professional development hours.* *Please check the rules and requirements in your state for compliance.
     
  • FL ENG 1.9
     
  • This course has been approved for 1.9 PDHs by the Florida Board of Professional Engineers in the Areas of Practice.
     
  • GA ENG
     
  • This Ondemand program is applicable through the Georgia State Board of Registration for Professional Engineers.for 1.5 professional development hours.* *Please check the rules and requirements in your state for compliance.
     
  • IA ENG
     
  • This Ondemand program is applicable for professional development hours for engineers. Please refer to Chapter 3, 193C IAC.*
     
  • ID ENG 1.5
     
  • This Ondemand program is applicable for 1.5 professional development hours through the Idaho Board of Professional Engineers and Professional Land Surveyors.* *Please check the rules and requirements in your state for compliance.
     
  • IL ENG 1.5
     
  • This program is applicable for 1.5 professional development hours through the Illinois Society for Professional Engineers.* *Please check the rules and regulations in your state for compliance.
     
  • IN ENG 1.8
     
  • This Ondemand program is applicable for 1.8 professional development hours through the Indiana State Board for Professional Engineers.* *Please check the rules and requirements in your state for compliance.
     
  • KS ENG 1.0
     
  • This program is applicable for 1.0 professional development hours for engineers.* *Please check the rules and regulations in your state for compliance.
     
  • KY ENG 1.5
     
  • This Ondemand program is applicable for 1.5 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • LA ENG
     
  • The Louisiana Professional Engineering and Land Surveying Board (LAPELS) no longer approves providers or courses. Lorman Business Center, LLC. feels that this course is worth 1.5 PDH(s). According to LAPELS' rules, It will be the responsibility of the licensee to determine if a Course/Activity offered by an unapproved sponsor/provider is an Acceptable Activity.
     
  • MD ENG 1.5
     
  • Lorman Business Center, LLC. is a board approved sponsor with the Maryland Board of Professional Engineers. This course qualifies for 1.5 professional development hours.
     
  • ME ENG 1.5
     
  • This ondemand program is applicable for a maximum of 1.5 hours toward the annual PDH requirement. Please note: The State of Maine Professional Engineers Registration Board does not pre-approve courses for professional development credit.* *Please check the rules and requirements in your state for compliance.
     
  • MN ENG 1.0
     
  • This course is applicable for a maximum of 1.0 hours toward the PDH requirement for engineers. Please note: The Minnesota State Board of Registration for Engineers has final authority on the acceptance of individual courses.
     
  • MO ENG 2.0
     
  • This ondemand course is applicable for 2.0 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • MS ENG
     
  • This ondemand course is applicable for professional development hours through the Mississippi State Board of Registration for Professional Engineers.* *Please check the rules and requirements in your state for compliance.
     
  • MT ENG 1.5
     
  • This ondemand course is applicable for 1.5 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • NC ENG 1.5
     
  • Lorman Business Center, Inc. is an approved sponsor of the North Carolina State Board of Examiners for Engineers and Surveyors. This course qualifies for 1.5 professional development hours for engineers.
     
  • ND ENG 1.5
     
  • Lorman Education Services is an approved provider through the North Dakota State Board of Registration for Engineers and Land Surveyors. This seminar qualifies for 1.5 of continuing professional competence for engineers.
     
  • NE ENG
     
  • This course is applicable for professional development hours for engineers if the course is continuing engineering education for you..* *Please check the rules and requirements in your state for compliance.
     
  • NH ENG 1.5
     
  • This course is applicable for 1.5 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance. The New Hampshire Board of Engineers has final authority on granting approval.
     
  • NJ ENG 1.0
     
  • Lorman Business Center, LLC. is authorized as a provider to offer courses through the New Jersey Board of Professional Engineers. This course is applicable for 1.0 CPC credits for engineers. * *Please check the NJ State rules and requirements for compliance.
     
  • NM ENG 1.5
     
  • This course is applicable for 1.5 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • NV ENG 1.5
     
  • This course is applicable for 1.5 professional development hours through the Nevada State Board of Engineering and Land Surveyors.* *Please check the rules and requirements in your state for compliance.
     
  • OH ENG
     
  • This ondemand course is applicable for continuing education credit for engineers through the Ohio State Board of Licensure for Professional Engineers provided it is a relevant managerial, ethical or technical topic relevant to the practice of engineering or surveying.* *Please check the rules and requirements in your state for compliance
     
  • OK ENG
     
  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • OR ENG
     
  • This course is applicable toward engineering continuing education hours in Oregon, please refer to your rules and laws.
     
  • PA ENG 1.8
     
  • This program is applicable for 1.8 PDHs for engineers through the Pennsylvania State Board of Professional Engineers, Land Surveyors and Geologists.* *Please check the rules and requirements in your state for compliance.
     
  • SC ENG 1.5
     
  • This course is applicable for 1.5 hours toward the PDH requirement for engineers through the South Carolina Board of Registration for Professional Engineers.* *Please check the rules and requirements in your state for compliance.
     
  • SD ENG
     
  • This course is applicable for professional development hours for engineers in South Dakota.* *Please check the rules and requirements in your state for compliance.
     
  • TN ENG
     
  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • TX ENG
     
  • This Ondemand course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • UT ENG
     
  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • VA ENG 1.5
     
  • This program is applicable for 1.5 hours of continuing education through the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects (APELSCIDLA BOARD).* *Please check the rules and requirements in your state for compliance.
     
  • VT ENG
     
  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • WI ENG 1.5
     
  • This course is applicable for a maximum of 1.5 hours toward the PDH requirement for engineers.* *The Wisconsin Engineer Section has final authority on the acceptance of individual courses and providers.
     
  • WV ENG 1.5
     
  • This course is applicable for 1.5 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • WY ENG 1.9
     
  • This course is applicable for 1.9 professional development hours for Wyoming engineers.* *Please check the rules and requirements in your state for compliance.
     

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 34 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

James F. Gallagher, P.E., F.ASCE

James F. Gallagher, P.E., F.ASCE

Resolution Management Consultants, Inc.

  • Principal with Resolution Management Consultants, Inc. possessing over 35 years of engineering, project/construction management, estimating, scheduling and construction claims analysis experience
  • Practice emphasizes all areas of construction/project management and dispute avoidance and construction claims resolution
  • Presenter of numerous programs to various public agencies and to the general public on topics of claims avoidance and dispute resolution
  • Chairman of ASCE’s Transportation & Development Institute Highway Construction Committee
  • Liaison for Associated General Contractors/National Association of State Facilities Administrators
  • Member of the Committee on Contract Law for the Transportation Research Board
  • Licensed/Registered professional engineer in 16 states
  • Fellow, American Society of Civil Engineers (ASCE)
  • B.S. degree in civil engineering, Drexel University
  • Can be contacted at 800-390-8800 or [email protected]
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Why Lorman?

Over 34 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.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!


  • OnDemand Courses
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  • State Specific Credit Tracker
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Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 408728
Published 2021
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