The program discusses: general and high-level issues of construction disputes, how construction defect litigation happens and tips to keep costs and time of litigation down, general background knowledge of defenses that can be raised and consideration of the impact of insurance on defect litigation.
A breakdown of the risks faced during construction projects, the types of policies that may cover those losses, and the limitations on use of those policies. Topics that will be explored: The standard types of losses incurred during construction along with standard defenses Risk shifting and loss allocation on construction projects Coverage under various policies and forms, focusing on CGL issues generally and on Covid/Business interruption losses
Explore some of the many options for designing and implementing alternative dispute resolution (ADR) and the potential consequences of omitting well-designed effective ADR process in construction contracts.
Part 1 Using contract clauses to reduce risk from third party claimants Standard of Care clauses and the risks of modifying the common law standard Limitations of liability and liquidated damages Part 2 Licensing of design professionals Copyrights in construction Part 3 Payment certifications Certificates to third parties Dispute resolution issues for architect agreements
Address selecting the case that is ripe for settlement, determining the correct timing for settlement discussions, and preparing the case, your client, and yourself for a successful mediation. Also cover best lawyer practices when participating in a mediation.
In collaboration with the recently published “Construction Law: Transactional Considerations,” authors present on the various issues that are triggered by every contract for construction related services and guides solutions for those issues. Topics include: bidding, negotiating the contract and subcontracts, environmental issues, LEED and green construction and construction insurance.