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OnDemand Course

Contract Provisions Subcontractors Need to Know About

Better understand contract clauses, possible problems, and viable solutions of the construction process.

Subcontractors are often faced with various contract clauses at different stages of a project. Questions prior to, during, and after a project may arise regarding responsibility, payment, duties, and the scope of work to be done. This topic helps subcontractors responsible to better understand contract clauses, anticipate possible problems, and predict viable solutions at all times of the construction process. This material also explains various methods for dealing with problems if and when they arise.

Learning Objectives

  • You will be able to describe the scope of your project and define the respective role of each participating entity.
  • You will be able to recognize problems created by certain contract terms before they arise.
  • You will be able to explain the various benefits and concerns by different contracted-for events.
  • You will be able to to review proposed contract terms and clauses that will affect you and modify them to fit your needs.

101 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 37 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

Scope of Work

  • Adequacy and Completeness of Design Documents
  • Coordination Responsibility During Construction, and Responsibility for Correcting Incomplete/Deficient Designs Created by the Owner's Design Professionals
  • Problem: Incomplete Design/Performance Specifications
  • Problem: Design Creep
  • Will the Owner Expressly Warrant That the Design/Construction Documents Are Complete, Fully Coordinated, Without Defects, and Ready for Construction?

Time Is of the Essence Clauses

  • What Is a Time Is of the Essence Clause?
  • When Is a Breach Material?
  • When Will There Be a Breach If There Is Not an Express Clause?
  • Text of the Provision
  • Practical Considerations

Best Efforts Provisions

  • Good Faith Standard
  • Standard Higher Than Good Faith
  • Reasonableness Standard
  • Due Diligence Standard
  • Where Best Efforts Is Undefined

The Changes Clause

  • What Is a Change?
  • Change Orders
  • Claims for Additional Money and Time
  • Disputed Work
  • Suggested Edits to Form Change Clauses

Duties to Defend and Indemnify

  • Importance of an Indemnification Provision
  • Considerations During Contract Negotiations
  • Courts' Analysis of Duty to Defend-Hybrid Analysis of Policy and Pleadings
  • Scope of Insurance
  • How to Avoid This Potential Pitfall

Warranties

  • What Is a Warranty?
  • Repair Warranty vs. Warranty of Fitness
  • Why Is a Warranty Important?
  • Practical Considerations

Lien Rights and Waivers

  • What Are They?
  • When to Execute/When Not to Execute?

Termination for Convenience

  • Breach of Implied Covenant of Good Faith and Fair Dealing
  • Securing the Parties Performance
  • Practice Tips

Damages

  • Consequential Damages
  • Liquidated Damages
  • Cap on Damages

Pay If Paid/Paid When Paid

  • What Are They?
  • Are They Enforceable?
  • Prompt Payment Laws

Bonds

  • Payment and Performance Bonds
  • Who Do They Benefit?

Dispute Resolution

  • Arbitration vs. Litigation
  • Contract Forms
  • How They Work
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Why Lorman?

Over 37 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 24, 2020.

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

  • 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.
     

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 37 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

Lisa Lombardo

Lisa Lombardo

Gibbons P.C.

  • Director in the Gibbons P.C. Commercial & Criminal Litigation Department and Construction Team Leader
  • Has successfully litigated matters before the state and federal courts of New Jersey and New York, as well as the American Arbitration Association, with a focus on construction matters
  • Her experience in commercial litigation and construction litigation is unique in that she represents both plaintiffs and defendants
  • Served as co-lead counsel in a three-year-long arbitration representing a major university in a claim involving extensive and complex design and construction defects, which resulted in a multimillion-dollar award in our client’s favor and the arbitrator striking down a limitation of liability clause
  • Experience drafting and negotiating contracts, and regularly works with owners, contractors, subcontractors, and designers on contracts for projects involving academic centers, public schools, laboratory facilities, office buildings, energy facilities, public/private projects, and building additions of varying sizes
  • On the American Arbitration Association Panel of Construction Arbitrators, a member of the Roster of Mediators, and the New Jersey Superior Court Roster of Mediators, where she has mediated a variety of civil matters
  • Can be contacted at [email protected] or 973-596-4481
Meghal Shah

Meghal Shah

Gibbons P.C.

  • Associate in the Gibbons P.C. Commercial & Criminal Litigation Department
  • Has assisted in briefing and preparing presentation, slides and materials to a Dispute Resolution Board regarding complex construction delay claims and has experience in drafting arbitration submissions regarding type 1 and type 2 differing site conditions
  • She has also assisted with drafting project-specific construction agreements
  • Completed a judicial clerkship at the Supreme Court of New Jersey for the Honorable Anne M. Patterson
  • Can be contacted at 973-596-4717 or [email protected]
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Why Lorman?

Over 37 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

All of your training, right here at Lorman.

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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: 407036
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